HomeMy WebLinkAboutcoa.lu.co.600 E Hopkins Ave.A48-91
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9f10f911
DATE COMPLETE: 0 1"'1 q
I I I
PARCEL ID AND CASE NO.
2737-073-32-007 A48-91
STAFF MEMBER: LL
PROJECT NAME: Alpine Bank Buildina Condominiumization
Project Address: 600 East Hookins Avenue. Asoen. CO 81611
Legal Address: Lots K. L. M. N. and west 1/2 of Lot O. Block 98
APPLICANT: Aloine Bank Partnershio
Applicant Address: 600 East Hookins Avenue. Aspen. CO 81611
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REPRESENTATIVE: Gideon Kaufman
Representative Address/Phone: 315 East Hvman Avenue, suite 305
Asoen. CO 81611 925-8166
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PAID: (YES) NO AMOUNT: $905
NO. OF COPIES RECEIVED
1
TYPE OF APPLICATION:
1 STEP:
x
2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
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CC Meeti~ate
OJ r J. .
VESTED RIGHTS: YES NO
PUBLIC HEARING: ~~
VESTED RIGHTS: YES NO
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
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~'F LS:
ity Attorney
. City Engineer
Housing Dir.
Aspen Water
city Electric
Envir.Hlth.
Aspen Con. S.D.
Mtn Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HwyDept(GJ)
Other
DATE REFERRED:
INITIALS:
;~;~~:;~~;~;~7::::::::::::=:=:;~;;=;~;;;;7/1~;~7::~;~;~~~7~
___ City Atty 1f City Eng'neer -"zonin Health
___ Housing -r... Other:. /I,.{.U>(. jt
FILE STATUS AND LOCATION:
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FROM:
MEMORANDUM
M~yor and Council .. ~
Amy Margerum, City Manager~
Diane Moore, City Planning Directo~
Leslie Lamont, Planning \ v'
TO:
THROUGH:
THROUGH:
DATE:
November 25, 1991
----
RE:
Alpine Bank Building SUbdivision, Exemption
Condominiumization, Second Reading Ordinance 41
for
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SUMMARY: The Planning staff recommends approval of Ordinance 41,
on second reading approving the subdivision exemption for
condominiumization of the Alpine Bank building creating 12
commercial/office units.
COUNCIL GOALS: The condominiumization of the Alpine Bank building
is consistent with Council's goal #14 to develop a consistent and
fair government so that citizens know what to expect from elected
officials...
BACKGROUND: Council approved Ordinance 41 at first reading October
28, 1991. Council also amended Ordinance 41 and approved the
existing landscape plan thus eliminating the need to remove some
gravel out of the right of way.
PROBLEM DISCUSSION: Pursuant to Section 7-1007 condominiumization
is exempt from subdivision and shall be reviewed by the Council.
Because this proposal is not a condominiumization of residential
or lodge units there are no review standards. The applicant,
however, must file a plat which shall be reviewed and approved by
the Engineering Department.
A. Referral Comments: Please see attached referral comments from
the Engineering Department.
RECOMMENDATION: Staff recommends approval
condominiumization of the Alpine Bank Building with the
conditions:
of the
following
1. The applicant shall file a plat to be reviewed and approved by
the Engineering Department and the plat shall include but not
limi ted to:
a) the size of the parking spaces and if not sufficient they
should be corrected or an encroachment into the alley is
necessary;
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pedestrian use or the sidewalk should be relocated in the
right-of-way, the easement shall not cause a reduction in
allowable floor area for future redevelopment purposes and
shall be noted on the plat;
c) the utility pedestal at the rear of the building needs to
be indicated as an easement (four feet by four feet) together
with access to the easement;
d) fences and stairs in order to ensure that they do not
encroach into the public right-of-way. If there are any
encroachments, licensing is required prior to approving the
plat;
e) curb and gutter;
f) existing utility meter locations; and
g) zone district.
2. Prior to filing the final plat, the applicant shall agree to
join any future improvement districts which may be formed for the
purpose of constructing improvements in the public right-of-way
using language currently available from the city Attorney's office.
PROPOSED MOTION: I move to adopt Ordinance 41, Series of 1991, on
second reading with conditions.
CITY MANAGER COMMENTS:
Attachments:
Ordinance No. 41
site Plans
Engineering Referral Comments
2
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MEMORANDUM
Date:
Leslie Lamont, Planning Office
Chuck Roth, city EngineerC?~
October 7, 1991
To:
From:
Re:
Alpine Bank Building Condominiumization
Having reviewed the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
1. The sizes of the parking spaces have not been indicated. It
appears that the lengths are less than required by code. It also
appears that there is sufficient room on site to lengthen the
spaces. Otherwise, an encroachment into the alley would need to
be sought which would be recommended against by staff because of
the code twenty foot emergency access requirement.
2. There is a portion of sidewalk which is on the applicant's
property. This should be indicated as an easement for public
pedestrian use or the sidewalk should be relocated in the right-
of-way.
3. There is a utility pedestal at the rear of the building which
needs to be indicated as an easement (four feet by four feet)
together with access to the easement.
4. There is gravel installed with the landscaping in the public
right-of-way. Gravel is not permitted in the public right-of-way
because it can become a hazard on the sidewalk.
5. Fences and stairs must be indicated on the final plat in order
to ensure that they do not encroach into the public right-of-way.
If there are any encroachments, any approvals should be conditional
on licensing prior to approving the plat.
6. The following
curb and gutter,
district.
are items that must be indicated on the plat: (a)
(b) existing utility meter locations, (c) zone
(continued)
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.
7. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way using language currently
available from the city attorney's office.
8. Given the continuous problems of unapproved
development in public rights-of-way, we would advise the
as follows:
work and
applicant
The applicant shall consult city engineering (920-5080)
for design considerations of development within public
rights-of-way and shall obtain permits for any work or
development within public rights-of-way from city streets
department (920-5130).
cc: Bob Gish, Public Works Director
cr/M91. 220
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MEMORANDUM
FROM:
Mayor and Council
Amy Margerum, city Manager~ '. . ~
l~ / . A 1'"\ '
October 15, 1991 II,} . n
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TO:
THRU:
DATE:
RE:
Alpine Bank Building Subdivision Exemption
Condominiumization, First Reading Ordinance 4/
for
-----------------------------------------------------------------
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SUMMARY: The Planning staff recommends approval of ordinance~/,
on first reading approving the subdivision exemption for
condominiumization of the Alpine Bank building creating 12
commercial/office units.
COUNCIL GOALS: The condominiumization of the Alpine Bank building
is consistent with Council's goal #14 to develop a consistent and
fair government so that citizens know what to expect from elected
officials...
BACKGROUND: In 1979 an application for a subdivision exemption for
condominiumization was submitted by the owners of the Aspen
Professional Building (Alpine Bank Building). However, a filed
plat depicting an approved condominiumization has not been found.
The 1979 file also does not indicate whether Council ever approved
the condominiumization.
Alpine Bank purchased the four story commercial/office building in
1990. This application requests only a condominiumization of that
building into 12 commercial/office units without further
alterations to the existing structure.
PROBLEM DISCUSSION: Pursuant to Section 7-1007 condominiumization
is exempt from subdivision and shall be reviewed by the Council.
Because this proposal is not a condominiumization of residential
or lodge units there are no review standards. The applicant,
however, must file a plat which shall be reviewed and approved by
the Engineering Department.
A. Referral Comments: Having reviewed the above referenced
application, and having made a site inspection, the Engineering
Department has the following comments:
1. The sizes of the parking spaces have not been indicated. It
appears that the lengths are less than required by code. It also
appears that there is sufficient room on site to lengthen the
spaces. Otherwise, an encroachment into the alley would need to
be sought which would be recommended against by staff because o~
the code twenty foot emergency access requirement.
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2. There is a portion of sidewalk which is on the applicant's
property. This should be indicated as an easement for public
pedestrian use or the sidewalk should be relocated in the right-
of-way.
3. There is a utility pedestal at the rear of the building which
needs to be indicated as an easement (four feet by four feet)
together with access to the easement.
4. There is gravel installed with the landscaping in the public
right-of-way. Gravel is not permitted in the public right-of-way
because it can become a hazard on the sidewalk.
5. Fences and stairs must be indicated on the final plat in order
to ensure that they do not encroach into the pUblic right-of-way.
If there are any encroachments, any approvals should be conditional
on licensing prior to approving the plat.
6. The following
curb and gutter,
district.
are items that must be indicated on the plat: (a)
(b) existing utility meter locations, (c) zone
7. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way using language currently
available from the city attorney's office.
8. Given the continuous problems of unapproved work and
development in public rights-of-way, we would advise the applicant
as follows:
The applicant shall consult city engineering (920-5080)
for design considerations of development within public
rights-of-way and shall obtain permits for any work or
development within public rights-of-way from city streets
department (920-5130).
RECOMMENDATION: Staff recommends approval
condominiumization of the Alpine Bank Building with the
conditions:
of the
following
1. The applicant shall file a plat to be reviewed and approved by
the Engineering Department and the plat shall include but not
limi ted to:
a) the size of the parking spaces and if not sufficient they
should be corrected or an encroachment into the alley is necessary;
b) the portion of sidewalk which is on the applicant's
property shall be indicated as an easement for public pedestrian
use or the sidewalk should be relocated in the right-of-way;
2
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c) the utility pedestal at the rear
be indicated as an easement (four feet by
access to the easement;
of the building needs to
four feet) together with
d) fences and stairs
encroach into the public
encroachments, licensing is
in order to ensure that they do not
right-of-way. If there are any
required prior to approving the plat;
e) curb and gutter;
f) existing utility meter locations;
g) zone district.
2. Prior to filing a final plat, the gravel installed with the
landscaping in the public right-of-way shall be removed as it can
become a hazard on the sidewalk.
3. Prior to filing the final plat, the applicant shall agree to
join any future improvement districts which may be formed for the
purpose of constructing improvements in the public right-of-way
using language currently available from the city Attorney's office.
PROPOSED MOTION: I move to approve ordinanceiZ, Series of 1991,
on first reading with conditions.
CITY MANAGER COMME_NTS:
Attachments: I/!
Ordinance No. 'i,
Site Plans -
3
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LAW OFFICES
SEP - 6
GIOEON I. KAUFMAN
GIDEON I. KAUFMAN
A PROFESSIONAL. CORPORATION
BOX 10001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
.c;'~<i=C\\~;;:;Do 61:; -~-<=r
September 4, 1991
TELEPHONE
AREA CODE 303
925-8166
__11llO
Ms. Leslie Lamont
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Condominiumization of Alpine Bank Building
Dear Leslie:
Pursuant to our telephone conversation last week concerning the
condominiumization of the Alpine Bank building, please consider this
letter a formal application for condominiumization approval.
Enclosed please find a Condominium Map for the Hunter and Hopkins
Professional Building, a four-level commercial condominium, situated
on Lots K, L, M, N, and the west ~ of Lot 0, Block 98, city and
Townsite of Aspen. I believe that the enclosed Condominium Map,
prepared by Aspen Survey Engineers, complies with both city and
state requirements.
In examining the condominiumization requirements of the Land
Use Code, it is obvious that the intention of the Code is to deal
specifically with residential condominiumization and its impacts on
tenants. There are no residential units in this particular
building. It is a commercial building and, therefore, does not fall
within the purview of the condominiumization statute. Rights of
first refusal, minimum leases, and affordable housing impact fees
all refer to condominiumization of residential units. Therefore, I
believe that the submittal of the Condominium Map is all that is
required, and that either an in-house approval, or approval by city
Council, is appropriate.
Once you have had an opportunity to review the enclosed, please
contact me so that the date can be set for approval. I have
enclosed a check for processing in the amount of $905.00. Thank you
for your help and consideration.
Very truly yours,
By
OF GIDEON I. KAUFMAN, P.C.,
al Corporation
GK/bw
Enclosures
cc: Louise Brainard
cc: Steve Briggs
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LAW OFFICES
GIDEON I. KAUFMAN
GIDEON I. KAUFMAN
A PROFESSIONAl.. CORPORATION
BOX f0001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
SEP 24
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September 24, 1991
TELEPHONE
AREA CODE 303
925.8166
--lGIO
HAND-DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin county Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Condominiumization of Alpine Bank Building
Dear Leslie:
Pursuant to your request, enclosed please find a letter
from Steve Briggs, President of Alpine Bank, dated September
20, 1991, authorizing me to submit the Application for
Condominiumization on their behalf, together with copies of the
Warranty Deed, recorded in Book 628 at Pages 217-218, Schedule
A of their ALTA Owner's Policy, showing proof of ownership, and
my check in the amount of $100.00 for the additional
Engineering Department review fee. I believe these documents
complete our Application.
If you need any additional information, please feel free
to call.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional corporation
By ~
G on Kaufman
GK/bw
Enclosures
cc: Steve Briggs
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o~~~ Bank
September 20. 1991
Law Offices of Gideon I. Kaufman. P.C.
Gideon I. Kaufman
PO Box 10001
315 E. Hyman Avenue. Suite 305
Aspen. CO 81611
Re: Condominiumization
Dear Gideon:
This letter hereby authorizes Gideon I. Kaufman to represent the
Alpine Bank Aspen in the condominiumization of the office buildin9
located at 600 East Hopkins. Aspen.
Sincerely.
SB/cs
600 East Hopkins Avenue, Suite 001 . Aspen, Colorado 81611
(303) 920.4800 . FAX (303) 920-4274
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Recorded at
Reception N~. _
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*1'~25~51 OHR/9? l.~: 513 F~ec: *l.0.00 Bf(
a.lVI. D.v I PItkIn Cnty Clerk, Dee
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WARRANTY DEED
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THIS DEED, Made thi,
between
,1990
~~g~~K~Y ~~f]:g~~ts ?luslg~~~~a~t ~gcr~~~~;c~g~e
'Trust Agreement dated December 26, 12~& .
County of Pitkin . State ofColorarJo, grantor(s) and
ALPINE BANK, ASPEN, a Colorado banking corporation
who,elegaladdressi, P.O. Box 5490, Snowmass Village, CO 81615
orlhe
County of
Pitkin
. Stale of Colorado, granlec(s):
WITNESSETH, That the grantor(s), for andiri consideration or the sum of TEN DOLLARS ($10.00) and other
good and valuable consideration----------------------------------------- DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, ha ye granted, bargained, sold and conveyed. and by these presents do . grant,
bargain, sell, convey, and confirm, unto the grantee(s), its heirs and assigns forever, all the real property, together with improvements,
if any, situate, lying and being in the County of Pi tkin , State of Colorado,
described as follows:
Lots K, L, H, N and the West 1/2 of 0, Block.98, City and Townsite of Aspen.
al,o known by street and number as: 600 East Hopkins, Aspen, Colorado 81611
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TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO nOLD the said premises above bargained and described with .the appurlenances, unto the grantee(s), heirs and
assigns forever. And thegrantor{s), for them'clv'es its heirs and personal representatives, do covenant, grant, bargain, and
agree to and with the grantee(s), its heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well
seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and
ha ve good right, full power and authority to grant, bargain, sell <lnd convey the same in nUlllner and form as aforesaid, and that the same are free
and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever,
except the lien for real and personal real estate taxes for 1990, due and payable
iu 1991; reservations as contained in Deeds recorded in Book 59 at Page 426,
,in Book 59 at Page 444 and inB~ok 59 at Page 534; and SUBJECT to the lien of
deed of trust recorded in Book 543 at Page 954, which Deed of Trust was assigned
to Republic Savings and Loan Association in Book 543 at Page 978 and the lien
of Security Interest recorded in Book 543 at Page 979, which (CONTINUED ON REVERS )
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above.bargained premises in the quiet and peaceable possession of the
grantee(s), his heirs and assigns, against all and every person or persons lawfull c . . the whole or any part thereof.
IN WITNESS WHEREOF, the grantor (s) have executed this deed on the .
orth abOVD~ ~
D. McClaskey,"- J
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STATE OF COLORADO
ss.
Coontyof PITKIN
rhe foregoing instrument was acknowledged before me this
~Thoams D. McCloskey, Jr., Bounie
My commission expires /0/13/ 'f 3
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';Sole Trustee of the McCloskey Children<. .'
*IAl!reeme.nt rlated".December 26, 1986 (.,
fit( Venver, Insert '1:Hy anu ,
\ltary Public": ", ,.... ,-.I': /~
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'to'\" ...........("l~.,.r-
Trust pursuant to Irrev~ca~~ot4)US.t."
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No. 932. Rev.3-8S. WARRANTY DEED (For Pbo'~-.apltlc R<<ord) Brlldford Publishing, 5825 W. 6th Ave" l",kewood: CO 80214 - (303) 23)"6900
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ALPINE BANK ASPEN 3039204274
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liens and the Obligati~ns therefore are hereby assumed by Grantee, the
present principal bala'1ce' being in the amount of $1/3?G,I<f7.'p all of which
dOCUUlents a.s recorded :I!n the Pitkin County records, and; SUll.JECT to any
and all existing lease~ and tenancies.
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J\L J ^ UWller'S Policy
Schedule A
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SCHEDULE A
File No.
400818-0 .
Polley No.
D 715502
Amount of Insurance $
3,000,000.00
Premium $
5,215.00
Date of Policy
a.m.
November 1, 1990
at 10:20 A.M.
p.m.
1. Name of Insured:
ALPINE BANK, ASPEN, a Colorado banking corporation
2. The estate or interest in the land which is covered by this policy is:
FEE
,
3. Tille to the estate or interest in the land is vested in:
ALPINE BANK, ASPEN, a Colorado banking corporation
4. The land referred to in this pOlicy is described as follows:
THE LEGAL a:SCRI PT ION SET FORTH ON SHEET ATIAa-lED HERETO
AND BY'THIS REFERENCE INCORPORATED HEREIN AND MADE A PART
I-EREOF. .
#~459~6 06/17/92 16,09 Rec $10.00 BK 681 PG 96
Silvia. Davis, Pitkin Cnty Clerk, Doc $.00
I.
'----_.._-~"'--~--,-_.~,..._."._-_.,_..._._..._.--_.._-....-
STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS FOR
THE PURPOSE OF THE CONDOMINIUMIZATION OF AN EXISTING STRUCTURE
ON LOTS K, L, M, N, AND THE WEST 1/2 OF 0, BLOCK 98,
CITY AND TOWNSITE OF ASPEN
WHEREAS, ALPINE BANK, ASPEN, a Colorado banking corporation
(hereinafter referred to as the "Applicant"), is the owner of a
parcel of real property located in the City of Aspen, Pitkin County,
Colorado, described as Lots K, L, M, N, and the West 1/2 of 0, Block
98, City and Townsite of Aspen; and
WHEREAS, Applicant has requested an exemption pursuant to
924-7-1007 of the MuncipaI Code of the City of Aspen for
condominiumization of an existing structure (the
"Condominiumization"); and
WHEREAS, the Aspen city Council determined at its meeting of
October 28, 1991, that such exemption" was appropriate and granted
the same, subject, however, to certat9 conditions as set forth
below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the application for exemption from the full
subdivision process for the purpose of the above-described
Condominiumization is proper, and hereby grants an exemption
from the full subdivision process for such Condominiumization.
PROVIDED, HOWEVER, that the foregoing subdivision exemption is
expressly conditioned upon:
1. The Applicant shall consult city Engineering for design
considerations of development within pUblic right-of-ways, and shall
obtain permits for any work or development within public
right-of-ways from City streets Department.
2. The Applicant shall agree to join any future improvement
districts which may be fOrmed for the purpose of constructing
impr~'j<;~ts in the public right-of-way.
,:9:'\\~,\l:~"f.'II',
;<~~~,.:}'h'i,? I::; day of /l1~, 1992.
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ALPINE BANK, ASPEN, a
king corporation
B
s, President
~\-v1 .~
u J->.J~"::::, , City Attorney
CITY OF ASPEN, a Colorado
municip 1 corporation
By (l~
John Bennett, Mayor
(SIGNATURES AND NOTARY ACKNOWLEDGMENTS CONTINUE ON PAGE 2)
- 1 -
#345936 06/17/92 16,09 Rec $10.00 BK
Si~vi a_~a~_S;'.r->~_t~i,,~,,~,>,Yl:,::k, Doc
I, Kathryn S. Koch, do hereby certify that the foregoing
statement of Exemption from the Full Subdivision Process for
the Purpose of the Condominiumization of an Existing structure
on of Lots K, L, M, N, and the West 1/2 of 0, Block 98, city
and Townsite of Aspenl was considered and approved by the Aspen
city Council at its regular meeting held ~ ') hv ,199~, at
which time the Mayor, John Bennett, was autQ~t~zed to execute
the same on behalf of the City Of~;J ~~
Kathryn S. Koch, city Clerk
681 FG 97
$.00
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
J~;~e o~ore oing i~si~~~~n~/;~h~c~~~~~~~;e~s b~~~~~ ,m:n~hi~.<"",.,~", ,.,
Kathryn S. Koch" City Cler~, on behalf of the CITY OF ll(~FJQ)"< ..Y<
a Colorado munic~pal corporatwn. ~'\ i?'. ~~';_/:i:'.1J
WITNESS my hand and official seal. t ~.l0nr;~.
My commission expires: Co/nmIIlsIo/10l<1liRl09l271S2''f.fl/-f;;ft
) ,t., :-"..;y
~ ",,-,'
Pub c "1'}" .". .,.,',
.. "~':'~''7"::.,,,_,,,,;~r-'z~~~~:-:<.
_,,:;;J.<:-'.
STATE OF COLORADO
COUNTY OF PITKIN
)
)
)
ss.
<.
'" The for~g:::li~g ins.t::rWlll~l:\t.,w~s.acknowledged before me this
...e. day of '111A-t., 1~92, by Stephen Briggs, as president,
and ~ e~ ' as Secretary, of ALPINE BANK, ASPEN, a.
Colorado banking corporation,.,..bn behalf of said corporation.
WITNESS my hand and pfficial :~~~(:!E~~~~~~~,
My commission expires: /:i':\0.0TA.1l2'::~\
: : ,:;\: ' ' ".lr~;x'~
=' ':',' -0-:-0--_ : '':
,~". ,/J',', ,''--'''' t .:
My Commission Expires 8-9-95 , ~~\ 'lIlJt.\\J i e}
, ~..."",~,;... ' ' , ".-'4".'.,.:0:
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('..:,,;;' .f...........-:,~r ,"
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. It"~"t'",~~1'
\alpnbank\subexemp.agr
- 2 -
#345937 06/17/92 16:10 Rec $15.00 BK
S i 1 vi a Da vis . Pi t~_i_n~~':'.t L~l=l"'f~.__D_oc:
,.~_______.._____..~""__mn___'_'________""'__'"_'
681 PG 98
$.00
GRANT OF EASEMENT AGREEMENT
THIS GRANT OF EASEMENT AGREEMENT ("Easement Agreement") is
made this I~ day of May, 1992, between ALPINE BANK, ASPEN, a
Colorado banking corporation ("Grantor") and THE CITY OF ASPEN,
a Colorado municipal corporation ("Grantee").
NIT li.~ g g ~ T H:
WHEREAS, Grantor is the owner of certain property
described as Lots K, L, M, N; a.nd the West 1/2 of 0, Block 98,
City and Townsite of Aspen, Pitkin County, Colorado; and
WHEREAS, Grantee is the owner of the public sidewalk which
encroaches upon the property of Grantor; and
WHEREAS, Grantor des.ires to grant to Grantee, and Grantee
desires to acquire from Grantor, an easement encumbering
Grantor's property for the purpose of allowing public use of
the public sidewalk, and its maintenance. .
NOW, THEREFORE, in consideration of the foregoing premises
and the mutual benefits to the parties, the receipt and
sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Grantor, by his signature hereon, hereby grants,
bargains and conveys to Grantee an easement, over, upon and
across the real property, as described on Exhibit "A" attached
hereto and made a part hereof (the "Easement"), for the sole
and exclusive purposes of use of the public sidewalk by the
public, and its maintenance by Grantee, at its sole cost and
expense.
2. Grantee agrees to promptly restore to its former
condition any damage done to the surface of the ground within
the Easement during or caused by any maintenance of the public
sidewalk.
3. The exercise of the rights granted herein shall not
unreasonably interfere with the use of the property burdened
by this Easement Agreement.
4. The grant of this Easement shall not cause a
reduction in allowable Floor Area Ratio for future
redevelopment purposes.
5. The parties hereto shall perform such further acts
and execute and deliver such additional documents as are
reasonably necessary to carry out and effectuate the provisions
of this Easement Agreement.
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'#345937 06/17/92 16. 10 Rae $15.00 Bf( 661 PG
Silvia Davis, Pitkin Cnty Cler'k, Doc $.00
<:19
6. This Easement Agreement shall constitute a covenant
running with the lands described herein, and shall be binding
upon Grantor's and Grantee's successors and assigns.
7. This Easement Agreement may be executed in one or
more counterparts which together shall be one and the same
instrument, binding on all parties, although not signatory to
the original or same counterpart.
8. The duration of this Easement Agreement is perpetual,
for so long as the easement is used for a public sidewalk. If
the use as a public sidewalk ceases for a period of one (1)
year, this Easement shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of .the day and year first above written.
GRANTOR:
ASPEN, a
, corporation
GRANTEE:
APPROVED AS TO FORM:
C~;;?d/l~:orneY
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
CITY OF ASPEN, a Colorado
municipal corporation
By ~). 11~
John ennett, Mayor
Q.., The for.
m..,day of
behalf of t
going instrument was acknowledged before me this
, 1992, by John Bennett, as Mayor,'.~
CITY OF ASPEN, a Colorado municipal ?ci~~:.r~-d!~i'<
\. "'.,(" '\'~""-"~ ~:.
WITNESS my hand and official se.al. . '.J',;'\;
My commission expires: ~"'QOo"Ii!olclIJ]fqe>qllle8~'9I27IIS1.< .~. ~
U .~".' . .: <
No ary Public (' )':i1~~~~'/
(NOTARY ACKNOWLEDGMENTS CONTINUE ON PAGE 3)
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~
#345937 06/1'7/92 16: 1.0 Rec: $15.00 Bf(
Silvia Davis, Pitkin Cnty Clerk, Doc:
bel F'6 100
$.00
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this '
15 day of fi1~ ,1992, by Stephen Briggs, as President,
and .::::ro 1.3=""'i . ,as Secretary, of ALPINE BANK,ASPEN{.a
Colorado banking corporation, on behalf of said corP9r~i~;"r'""
~ >:.p(:~~\ .,- ..' -~ I. '; "-0.
r..! ~.... v ~..~..... "'''',....
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'. - W'..Jr eo -~ " ,~
J'1,iit"""H'I",._,i't\t<'
My Commission cxplres 8-9-95
WITNESS my hand and official
My commission expires:
.'
J''t'' ,f'" ~3 ..).. '1
\alpnbank\easement.agr
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#~45938 06/1;'/92 16, 11 ~
__f:3!J,Yl",__l)aviS, Pitkin Rae: $.,;.30.00 BK 681
~-----_____C".tY_C;l_l;?':'k, Doe: $.00
-"--.._--,~----
PG 146
EXHtBIT "1"
unit
Sq. Ft. of
Livinq Area
Percentaqe Interest in Common
Elements and Percentage Interest in
votinq Riqhts. Based Upon Square
Footaqe of Livinq Area
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#345938 06/17/92 16:11 Rae $230.00 BK 681 PG
Silvia DCi'\l!_"i_'--f"~t_~:irl_l::nj:Y'_C:;~=l"k ,_!)~,,-- $:.e><='--__
101
CONDOMINIUM DECLARATION
FOR
HUNTER AND HOPKINS PROFESSIONAL BUILDING. A CONDOMINIUM
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, ALPINE BANK, ASPEN, a Colorado banking
corporation, by its president, Steven Briggs (hereinafter
called the "Declarant"), is the owner of the following
described real property situated in the City of Aspen, County
of Pitkin, State of Colorado:
Lots K, L, M, N, and the West ~ of 0, Block 98,
City and Townsite of Aspen;
also known as 600 East Hopkins, Aspen, Colorado 81611.
WHEREAS, Declarant desires to establish a condominium
project under the Condominium ownership Act of the State of
Colorado; and
WHEREAS, there is currently constructed on said real
property improvements consisting of one (1) structure
containing twelve (12) separately designated commercial
condominium units consisting of one (1) garden level unit, five
(5) units on the first floor, three (3) units on the second
floor, and three (3) units on the third floor, and all of the
remaining property; and
WHEREAS, Declarant does hereby establish a plan for the
ownership in fee simple of the condominium estates subject to
the easements, restrictions, reservations, rights-of-way,
conditions, taxes and assessments of record and reservations in
this Declaration consisting of the area or space contained in
each of the air space units located in the building
improvements, and the co-ownership by the individual and
separate owners thereof as tenants-in-common of all of the
remaining property (except such property as is otherwise
reserved herein), which property is hereinafter defined and
referred to as the Common Elements;
NOW, THEREFORE, Declarant does hereby publish and declare
that the following terms, covenants, conditions, easements,
restrictions, uses, limitations and obligations shall be deemed
to run with the land, shall be a burden and benefit to
Declarant, Declarant '.s heirs, personal representatives,
successors and assigns, and any persons acquiring or owning
interest in the real property and improvements, their grantees,
successors, heirs, executors, administrators, devisees or
assigns.
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#345938 06/17/9? 16:11 Rec $230.00 BK 681
,El~~':...a uJ:)C\vl_!5_'_f"~k_~rl_!:I1t.y(:l",r~Lj)oC $.00
PG 102
1. Definitions. The following definitions shall apply
unless the context expressly provides otherwise.
a. "unit" means one (1) individual air space which
is contained within the unfinished perimeter walls, floors,
ceilings, windows and doors of each commercial Unit as shown on
the Condominium Map to be filed for record, together with all
fixtures and improvements therein contained, but not including
any structural components of the building or other General
Common Elements, if any, located within the Unit.
b. "Condominium Unit" means the fee simple interest
title in and to a Unit, together with the undivided interest in
the General Common Elements, and the appurtenant Limited Common
Elements thereto.
c. "Owner" means the person or persons, firm,
corporation, partnership, association or other legal entity, or
any combination thereof, owning a Unit in fee simple, together
with an undivided interest in fee simple in the Common Elements
in the percentage specified and established in this
Declaration, including the Declarant, as long as any
Condominium Unit, as hereinafter defined, is owned by
Declarant. The term "Owner" shall not refer to any mortgagee
or trust deed beneficiary, as herein defined, unless such
mortgagee or trust deed beneficiary has acquired legal and
beneficial title pursuant to foreclosure or any proceeding in
lieu of foreclosure or otherwise.
d. "General Common Elements" means all of the
project, as hereinafter defined, except the portions thereof
which constitute Units, and also means all parts of the
building or any facilities, improvements and fixtures which may
be within a Unit which are or may be necessary or convenient to
the support, existence, use, occupation, operation,
maintenance, repair or safety of the building, or any part
thereof, or any other Unit therein.
without limiting the generality of the foregoing, the
following shall constitute General Common Elements:
(1) all of the land and easements Which are
part of the property including the garden area providing access
to the Garden Level Unit, and all facilities designated as
General Common Elements on the Condominium Map;
(2) all foundations, columns, girders, beams,
supports and other structural components of the building,
lobbies, entrances and exits, and main perimeter walls,
supporting walls, fire walls, floors, ceilings, windows,
exterior doors of a Unit, chimneys, roofs, access corridors,
fire escapes, stairs or stairways and halls necessary to the
safety, maintenance or common use or access;
(3) the exterior walls of the building, the
main or bearing walls within the building, the main or bearing
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#345938 06/17/92 16 1
Silvia Davis, Pi .: 1 Ree $230.00 BK 681 PG 103
kl".~~n.1:.}I c 1 er. k, Doc $. 00
^--:-------^----:-~-._-.-._----- ----.,--.-..---.----
subflooring, and the roofs of the building;
(4) all utility, service and maintenance rooms,
space, fixtures, apparatus, installations and central
facilities for power, light, gas, telephone, television, hot
water, cold water, heating, snowmelt systems, refrigeration,
air conditioning, trash incineration or similar utility,
service or maintenance purposes, including, but not limited to,
furnaces, tanks, pumps, motors, fans, compressors, flues,
vents, similar fixtures, apparatus, installations and
facilities, sprinkler systems, janitor's closets, and general
storage rooms; .
(5) all interior and exterior gutters and
vertical roof drains, pipes, wires, ducts, cables, conduits,
public utility lines and installations of all utility services,
including, but not limited to, power, light, gas, hot and cold
water, and heating; and
(6) all other parts of the Project used in
common by the Owners, or convenient to the project's existence,
maintenance and safety; except: (a) portions of the Project
contained entirely within and servicing only one unit; and, (b)
portions of the Project which are designated as Limited Common
Elements under this Declaration or on the Map of the Project.
e. "Limited Common Elements" means those parts of
the Common Elements which are set aside and reserved in
accordance with the terms hereof for the use of certain Owners
of one or more Units, but less than all, to the exclusion of
the others, including and not limited to toilet and washroom
areas on each floor (for exclusive use of Owners, occupants and
invitees of units located on the same floor), certain doors,
windows, balconies, porches, patios, fireplaces, deck or yard
areas, storage lockers or areas, window wells and areas dug out
for window wells, parking spaces which are accessible from,
associated with and adjoining a Unit, and all other portions of
the Project which are designated as Limited Common Elements on
the Map of the project.
f. "Common Elements", means the General Common
Elements and the Limited Element~.
g. "Mortgage" means any mortgage, deed of trust, or
other security instrument by which a Condominium unit or any
part thereof is encumbered.
h. "Mortgagee" means any person named as the
mortgagee or beneficiary under any mortgage or deed of trust by
which the interest of any Owner is encumbered.
i. . "Parking area" means the paved parking area,
including parking access as shown on the Map, together with
paving, marking, striping and drainage facilities thereof, but
not including any structural components of the building located
thereon.
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#345938 06/17/92 16:11 Rae $230.00 BK 681
SIlvIa Davls, Pitkin Cnty Clerk Doc
$.00
PG 104
j. "Parking space" means the individual air Unit
located within the perimeter of each separately designated
parking space, as shown on the Map, but not including any
structural components of the building located thereon. Each
such Parking Space may be used and occupied as a Limited Common
Element subject to the restrictions contained in paragraph 12
hereof.
k. "Project" means all of the real property,
Condominium units, building(s) fixtures, personal property and
improvements submitted to this Declaration.
,
1. "Common expenses" means and includes:
(1) all sums lawfully assessed against the
Owners by the Board, as hereinafter defined;
(2) expenses of administration, maintenance,
repair or replacement of the Common Elements, as hereinafter
defined;
(3)
provisions of this
(4)
the Association of
expenses declared common expenses by
Declaration and the Bylaws; and
,
expenses agreed on as common expenses
Owners.. I.
by
m. "Map" means the Condominium Map referred to in
paragraph two (2) below.
n. "Building" means the building improvement
compr~s~ng a part of the Project, including the garden level
floor, floors one (1) through three (3) and any other building
improvements comprising a part of the Project and containing
the units.
o. "Association" means the Hunter and Hopkins
Professional Building Condominium Association, a nonprofit
corporation organized under the laws of the state of Colorado,
of which all Owners of Units shall be members, and which shall
be charged with the management and maintenance of the Project.
,
p. "Board of Directors" or "Board" means the
governing body of the Associatiofl.
q. "Managing agent" means any person, corporation,
partnership, association, firm, or any other legal entity
employed by the Board to perform the management and operational
functions of the Project.
r. "Bylaws" means the Bylaws of the Association.
s. "Articles" means the Articles of Incorporation of
the Association.
t. "Guest" means any agent, employee, tenant, guest,
licensee or invitee of an Owner.
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#345938 06/17/92 16:11 Rec $230.00 BK 681 PG 105
S il v i a Da vis, Pit kin Cn t y C 1 er ~'. '.-I:l<=>C:__!P',()<:>--- j
",_,_~"_'n__'__~_'___~_"'_'___'_'_'_.____~"_~'_'_'-"'-'~-'---'-"-"""~'~'-~-:---I
u. "Declarant" means the Declarant named herein, and
such successor or successors as may be designated hereafter by
Declarant by written noticeduly\~ecorded.
v. "Declaration" means this Declaration, together
with any supplement or amendment hereto, recorded in the office
of the Clerk and Recorder of Pitkin County, Colorado.
2. ~. There shall be filed for record in the office of
the Clerk and Recorder of Pitkin county, Colorado, a map,
hereinafter referred to as the "Map", which Map may be filed in
whole or in part, depicting thereon:
a. the legal description of the property and a
survey thereof;
b. the name and general location of the Project;
c. the linear measurements and location, with
reference to the exterior boundaries of the land, of the
building(s) and all improvements built on the land;
d. floor plans and elevation plans of the
building(s) showing the location, the designation and the
linear dimensions of each unit, and the designation of the
Limited Common Elements;
e. the elevations of the unfinished interior
surfaces of the floor and ceilings as established from a datum
plan, and the linear measurements showing the thickness of the
perimeter and common walls of the building.
The Map and any supplement(s) thereto shall contain
the statements of: (1) the Declarant, sUbmitting the property
to the provisions of this Declaration; and, (2) a registered
land surveyor certifying that the Map fully and accurately
depicts the layout, measurements and location of all of the
building(s) and improvements, the unit designations, the
dimensions of such Units, and the. elevations of the floors and
ceilings. Declarant hereby reseryes unto itself and the Board
the right, from time to time, without the consent of any Owner
being required, to amend the Map and supplement(s) thereto, to
conform the Map to the actual location of any of the
constructed improvements, to establish, vacate and relocate
utility easements, access road easements and parking spaces,
and to establish certain General,Common Elements as Limited
Common Elements. " ,
In interpreting any and all prov~s~ons of this
Declaration or the Bylaws, subsequent deeds to and/or mortgages
of Condominium units, the actual location of a unit shall be
deemed conclusively to be the property intended to be conveyed,
reserved or encumbered, notwithstanding any minor deviations
from the location of such Unit indicated on the Map.
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#34593806/17/92 16:11 Rec $230.00 BK 681 PG 106
Sllvla DavlS, Pitkin Cnty Clerk, Doc $.00
3. Division of Propertv into Condominium units.
Declarant does hereby submit the Project to condominium
ownership pursuant to the Colorado Condominium ownership Act,
and the project is hereby divided into twelve (12) commercial
Condominium Units on the garden level and on floors one (1)
through three (3), each consisting of a separate fee simple
estate in a particular Unit, and an appurtenant undivided fee
simple interest in the Common Elements. The percentage of
undivided interest in the Common Elements appurtenant to a
particular unit is as is set forth on Exhibit "1" attached
hereto and incorporated herein by this reference.
4. Combination of Units. Declarant hereby reserves the
right for itself, its successors and assigns, to physically
combine the area or space of a Unit with the area or space of
one or more adjoining Units, and the aggregate of the undivided
interests in and to the Common Elements appurtenant to such
combined Units shall be appurtenant to one.enlarged Unit which
shall result from such combination; provided, however, that
Declarant shall not exercise said right without the written
consent of any Owner and any Mortgagee having an interest in
said Unit. Any such combined Units may subsequently be
separated into Units in conformance with the Map, provided that
all expenses of combining or separating any adjoining Units
shall be borne only by the Owners of said Units, and such
construction work shall be accomplished in compliance with the
provisions of subparagraphs j. and k. of paragraph thirteen
(13) hereof.
5. Limited Common Elements. Subject to the definition
thereof, the Limited Common Elements shall be identified herein
or on the Map, and designated as appurtenant to a particular
Condominium Unit herein, or on the Map or in a deed from the
Declarant. Any door, window, balcony, porch, patio, window
well and the area dug out for the window well, fireplace, deck
or yard areas, parking spaces, and storage lockers which are
accessible from, associated with and adjoining a Unit, or areas
identified as Limited Common Elements on the Map, and
designated as appurtenant to a particular Condominium Unit,
shall, without further reference thereof, be used in connection
with the Unit to which it is appurtenant to the exclusion of
the use thereof by the other Owners, except by invitation.
6. Inseparabilitv of a Condominium Unit. Each Unit Owner
shall at all times be entitled to the percentage of ownership
in the Common Elements appurtenant to such Unit as set forth in
Exhibit "I". Each Owner shall own such undivided interest in
the Common Elements asa tenant in common with all the other
Owners of the property. The percentages of ownership in the
Common Elements as set forth in Exhibit "1" shall, except as
otherwise provided in the case of combination and further
subdivision, remain constant unless thereafter changed by
written agreement of all of the Owners.
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:345938 <)6/17/92 16:11 Rec: $23<).<)<) Sf< 681 PG 107
~llvla Davis, Pitkin Cnty Clerk, Doc: $.<)0
Each unit and the undivided interest in the Common Elements
appurtenant thereto shall together comprise one Condominium
Unit which shall be inseparable and nonpartitionable, and may
be conveyed, leased, devised or encumbered only as a complete
unit and subject to the terms, conditions, and obligations
hereof. Every gift, devise, bequest, transfer, encumbrance, or
conveyance of a Unit shall include only the entire Unit,
together with all appurtenant rights created by law or by this
Declaration.
7. Description of a Condominium Unit. Every deed, lease,
mortgage, trust deed, will or other instrument purporting to
convey an interest therein may legally describe a Condominium
Unit by its identifying Unit number followed by the words
"Hunter and Hopkins Professional Building, a Condominium", with
reference to the recorded Declaration and Map, and the county
where the condominium is located. This description shall be
deemed good and sufficient for all purposes to sell, convey,
transfer, encumber, or otherwise affect not only the Unit, but
also the General Common Elements and Limited Common Elements
appurtenant to it. This description shall be construed to
include a non-exclusive easement for ingress and egress
throughout the General Common Elements appurtenant thereto to
the exclusion of all third parties not lawfully entitled to use
the same, together with the right to the exclusive use of the
appurtenant Limited Common Elements.
8. Title. A condominium Unit may be held and owned by
more than (1) person as joint tenants or as tenants in common,
or in any real property tenancy relationship recognized under
the laws of the state of Colorado.
9. No Partition. The Common Elements shall remain
undivided, and no Owner or any other person shall bring any
action for partition or division of the Common Elements.
Similarly, no action shall be brought for the partition of a
Unit or a Condominium Unit between or among the Owners thereof.
Each Owner expressly waives any and all such rights of
partition he may have by virtue of his ownership of a
Condominium Unit. A violation of this provision shall entitle
the Association to personally collect, jointly or severally,
from the parties violating the same the actual attorneys' fees,
costs and other damages the Association incurs in connection
therewith.
10. Separate Taxation. Declarant shall give written
notice to the Assessor of the County of pitkin, Colorado, of
the creation of condominium subdivision of the property as is
provided by law, setting forth the description of the Units, so
that each Unit and the undivided interest in the Common
Elements appurtenant thereto shall be separately assessed
thereafter for all taxes, assessments or other charges of the
state of Colorado or of any political subdivision or of any
special improvement district or of any other taxing or
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#345938 06/1.7/92 16,11 Ree: $230.00 BI< 681 PEl 108
Silvia Davis, Pitkin Cnty Clerk, Doe: $.00
assessing authority. The lien for taxes assessed to any
Condominium unit shall be confined to that Condominium unit. No
forfeiture or sale of any Condominium Unit for delinquent
taxes, assessments or other governmental charges shall divest,
or in any way affect, the title to any other Condominium unit.
In the event that such taxes or assessments for any year are
not separately assessed to each Owner, and rather are assessed
on the property as a whole, each Owner shall pay his
proportionate share thereof in accordance with his ownership
interest in the Common Elements; and, in such event, such taxes
or assessments shall be a common expense. Without limiting the
authority of the Board provided for elsewhere herein, the Board
shall have the authority to collect from the Owners their
proportionate share of taxes or assessments for any year in
which taxes are assessed on the property as a whole.
,. "
11. certain Work Prohibited. No Owner shall undertake
any work in his unit which would jeopardize the soundness or
safety of the Project, reduce the value thereof, or impair an
easement or hereditament thereon or thereto; nor shall any
Owner enclose, by means of screening or otherwise, any balcony,
yard, deck, patio or porch which is accessible from, associated
with, and which adjoins a Unit, without having first obtained
the prior written approval of the Board (which approval may be
withheld for any reason) for such enclosure, and with respect
to the materials, plans and' specifications for such enclosure.
structural alterations shall not be made by an Owner to the
exterior portions of his Unit, or to the building, or in the
water, gas or steam pipes, electric conduits, plumbing or other
fixtures connected therewith; nor shall an Owner remove any
additions, improvements or fixtures from the buildings without
the prior written approval of the Board (which approval may be
withheld for any reason) first having been obtained.
;..-
12. Liens Aqainst condominium units -- Removal from Lien
Effect of Part Payment.
a. No labor performed or materials furnished with
the consent of or at the request of an Owner of a particular
Condominium Unit, or his agent, shall be the basis for the
filing of a lien pursuant to law against the Condominium unit,
or other property, or another Owner not expressly consenting to
or requesting the same, including Common Elements, except that
express consent shall be deemed to be given by the Owner of any
Condominium Unit to the Managing Agent or the Board in the case
of emergency repairs. Labor performed or materials furnished
for the Common Elements, if duly authorized by the Managing
Agent or the Board of Directors in accordance with the
Declaration' or Bylaws, shall be deemed to be performed or
furnished with the express consent of each Owner, and shall be
the basis for the filing of a lien pursuant to law against each
of the Condominium Units in the project.
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.1311vla Davis, Pitkin Cnty Cler'k Doc $.QO
---~--.,~-_.._--_.._._-.._._. ._.,...._--_._-._-_.,-~.._-".._........_.._..-."--.._~--".~._~-- .--.-.- .:..---.--- - -- .._._--_..-._--".~~._- --,-'--- -
b. In the event a lien is effected against all
Condominium Units, the Owners of the separate condominium units
may remove their Condominium units from the lien by payment of
the fractional or proportional amount attributable to each of
the Condominium units affected. Individual payment shall be
computed by reference to the percentages appearing in this
Declaration., Subsequent to payment, discharge or other
satisfaction, the Condominium Unit shall be released from the
lien paid, satisfied or discharged. Partial payment,
satisfaction or discharge shall not prevent the lienor from
proceeding to enforce his rights against any Condominium Unit
not so released or discharged.
~""'. ,
c. Each Owner shall indemnify and hold the other
Owners harmless from and against liability or loss arising from
the claim of any lien against the Condominium unit of the
Owner, or any part thereof, for labor performed, or for
materials furnished in work on such Owner's Condominium unit.
At the written request of an owner, the Association shall
enforce such indemnity by collecting from the Owner of the
Condominium unit on which the labor was performed, or materials
furnished, the amount necessary to discharge any such lien and
all costs incidental thereto, including reasonable attorneys'
fees. If not promptly paid, the Association may proceed to
collect the same in the manner provided herein for collection
of assessments for the purpose of discharging the lien.
13. Use and OCcupancy of units.
a. Each Unit may be used and occupied for such
professional (including law offices, medical offices,' and
dental offices) business, or service purpose or purposes as may
be lawful and allowable under applicable laws, ordinances or
the rules of any lawful pUblic authority including conditions
imposed upon the Project by the City of Aspen at the time of
governmental approval thereof. No Owner and no Owner's
employees, agents, officers, licensees or invitees shall
violate the rules and regulations adopted from time to time by
the Association, whether relating to the use of units, the use
of General or Limited Common Elements, or otherwise.
"
b. No "For Sale" or "For Rent" signs, advertising or
other displays shall be maintained or permitted on any part of
the property except at such location and in such form as shall
be approved in writing by the Board or the Managing Agent. The
right is reserved by the Declarant, or its agent or agents, to
place "For Sale" or "For Rent" signs on any unsold or
unoccupied Units owned by it,. and on any part of the Common
Elements with respect to the availability of such Units and the
right is hereby given to any mortgagee, who may become the
Owner of any Unit, to place such signs on any Unit owned by
such mortgagee. So long as any Unit is owned by it, the
Declarant shall be entitled to access, ingress, and egress to
the building and the property as it shall deem necessary in
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PG 110
connection with the construction or sale of the building or any
unit. The Declarant shall have the right to use any unsold
unit or units as a model or for sales or display purposes.
c. Each business establishment operated in a unit or
any part thereof shall be entitled to place one (1) sign of
reasonable size and in a dignified manner containing the
business name of such establishment, upon the entrance door of
such establishment, or at such other place as shall be
permitted by the Board of Directors or Managing Agent, and
subject to any relevant provisions of the Municipal Code of the
city of Aspen regarding the placement of signs. Additional
signs may be placed only as permitted by the Board of Directors
which permission may be granted or withheld in the sole
discretion of the Board of Directors, subject to the relevant
provisions of the Municipal Code of the city of Aspen regarding
the placement of signs.
d. There shall be no obstruction of the Common
Elements nor shall anything be stored in the Common Elements
without the prior consent of the'Board of Directors except as
herein expressly provided. For purposes of maintenance,
repair, alteration, and remodeling an Owner of a Unit shall be
deemed to own the interior non-supporting walls and the
materials therein (such as, but not limited to, plaster,
drywall, paneling, wallpaper, paint, wall and floor tile).
e. Each Unit Owner shall be obligated to maintain
and keep that Owner's own Unit, its windows and doors,
including exterior and interior surfaces thereof, and the
Limited Common Element or Elements with respect to such Unit,
in good, clean order and repair. "No unsightliness or waste
shall be permitted on or in any part of the Project. The use
of the covering of the interior surfaces of windows, whether by
draperies, shades or other items visible on the exterior of the
building, shall be subject to the rules and regulations of the
Board of Directors.
f. Nothing shall be done or kept in any Unit or in
or upon the Common Elements which will increase the rate of,
insurance on the building, or contents thereof without the
prior written consent of the Board of Directors. No Owner
shall permit anything to be qone or kept in that Owner's Unit
or in or upon the Common Elements which will result, in the
cancellation of or increase premiums of insurance on the
building, or contents thereof, or which would be in violation
of any law. No waste shall,be committed in the Common
Elements.
g. Owners shall not cause or permit anything to be
hung or displayed on the outside of windows or placed on the
outside walls of the building or on or in any of the General
Common Elements, and no sign or lettering, awning, canopy, or
radio or television antenna shall be affixed to or placed upon
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PG 111
the windows, exterior walls or roof or any part thereof,
without the prior written consent of the Board of Directors.
The Common Elements shall be kept free and clear of rubbish,
debris and other unsightly materials. All trash shall be
collected in designated areas. No wiring, television antennae,
or other items may be installed which protrude through windows,
walls or roof areas, except as expressly authorized by the
Association or this Declaration.
h. No household pets, animals, livestock or fowl of
any kind shall be raised, bred, or regularly kept in any Unit
or in the Common Elements, unless the Board of Directors, by
rule or regulations, provides otherwise.
i. No noxious or offensive activity shall be ,
conducted on any part of the Project; nor shall anything be
done or placed on or in any part of the Project which is or may
become a nuisance or cause embarrassment, disturbance or
annoyance to other Owners or their guests. No activity shall
be conducted on any part of the Project, and no improvements
shall be made or constructed on any part of the Project, which
are or might be unsafe or hazardous to any person or property.
No sound shall be emitted on any part of the Project which is
unreasonably loud or annoying. No odor shall be emitted on any
part of the Project which is noxious or offensive to others.
No light shall be emitted from any part of the Project which is
unreasonably bright or causes unreasonable glare.
j. Nothing shall be done in any Unit or in, on or to
the Common Elements which will impair the structural integrity
of the building or which would structurally change the
building, except as otherwise provided herein, nor shall
anything be altered or constructed in or be removed from the
Common Elements except as otherwise herein provided or
otherwise permitted in writing by the Board of Directors.
k. The Owner of any Unit shall be permitted to
construct, improve, change, or alter such Unit (if the same is
not visible on the exterior of the building) in any manner,
':,' provided that:
(1) The structural integrity of the building
will not thereby be impaired;
(2) The common assessments payable by the other
Unit Owners hereunder are not increased directly or indirectly
as the result of such construction, improvement, change or
alteration;
(3) Such wo~k will be done at the sole cost and
expense of Owners benefitting and in full compliance with all
applicable laws, ordinances and regulations and the provisions
of the Declaration; provided that in the event of a dispute
with regard thereto, such work shall be done by the
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PG 112
Association, and the costs thereof specially assessed in an
equitable manner (in proportion to the benefits bestowed) to
the Units benefitting therefrom;
(4) The boundaries of such Unit, as shown on
the Condominium Map, will not thereby be changed or altered;
and,
(5) Such Owner shall indemnify all other Owners
of units from any and all claims, liens, liabilities, suits or
demands whatsoever relating to or arising out of such work
(except insofar as any claim is waived and released as provided
in subparagraph [m] of this Paragraph 13).
I. There shall be no lounging furniture, bicycles,
wagons, vehicles, benches, chairs, skis or sporting equipment,
tethered dogs or cats, or other personal property on any part
of the Common Elements except in spaces expressly provided
therefor without the prior consent of, and subject to the
regulations of, the Board of Directors.
m. Each Owner hereby waives and releases any and all
claims which that Owner may, have against any other Owner, the
Association, the officers, and members of the Board of
Directors, the Declarant, the Managing Agent, and their
respective officers, employees, and agents, for damages to the
Common Elements, the Units, or to any personal property located
in the units or Common Elements, caused by fire or other form
of casualty which is fully covered by insurance.
n. If, due to the act or neglect of an Owner, or of
an Owner's guest, or other authorized occupant or visitor of
such Owner, damage shall be caused to any person or property,
including the Common Elements or toa Unit or Units owned by
others, then such Owner shall be liable and responsible for
such damage and shall pay for such damage and any maintenance,
repairs and replacements, as may be determined by the Board of
Directors to the extent not covered by insurance to be caused
by an Owner or a guest of an Owner. Neither the failure of the
Board of Directors to require such payment, nor any
disagreement regarding the extent. of payment required pursuant
to the Board's determination hereunder, shall give rise to any
claim or cause of action against' the Board or its members by
any person, provided that nothing contained in this
subparagraph (n) shall prohibit a Unit Owner from exercising
any rights or remedies provided by law as against any person
causing any damage to his Unit. ,The amount of such loss or
damage may be collected by the Association from such Owner as
an assessment against such Owner by legal proceedings or
otherwise, and such amount (including reasonable attorneys'
fees) shall be secured by a lien on the Unit of such Owner, as
provided herein, for assessments or other charges.
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o. No Owner shall overload the electric wiring in
the building, or unreasonably contribute to such overload, or
operate any machines, appliances, accessories or equipment in
such manner as to cause, in the judgment of the Board of
Directors a hazard to the safety of Owners and occupants of and
invitees upon the Condominium Project.
p. Parking of any and all vehicles on the Project
shall be subject to the rules and regulations of the
Association. The Association assumes no responsibility for
damage done to automobiles parked on the Project. Parking
spaces shall be utilized only for parking motor vehicles
therein, and no personal property of any nature may be stored
or deposited for any purpose in any parking space. No part of
the Project, including the public streets and alleyways,
driveways or parking areas, unless specifically designated by
the Association therefor, shall be used as a parking, storage,
display or accommodation area for any type of trailer, camping
trailer, boat trailer, hauling trailer, running gear, boat or
accessories thereto, truck or recreational vehicle, except as a
temporary expedience for loading, delivery, emergency, etc.
(provided this restriction shall not restrict trucks or other
commercial vehicles with the project which are necessary for
the construction or maintenance of the Project). Repairing
vehicles on the premises shall not be permitted.
q. No Owner and no Owner's employee, agent, officer,
licensee or invitee shall do anything, or keep anything in or
on the Project, which would be immoral, improper, offensive or
in violation of any statute, rule, ordinance, regulation,
permit, or other validly imposed requirement of any
governmental body.
r. No Owner may lease less than his entire Unit, and
all leases shall be in writing. All leases shall provide that
the terms of the lease are subject, in all respects, to the
provisions of this Declaration, and to the provisions of the
Articles of Incorporation, Bylaws, rules and regulations, and
decisions and resolutions of the Association and the Board of
Directors. '
s. The Association shall, from time to time, make
rules and regulations, as necessary, regarding keeping of pets
by Unit Owners.
14. Use of General and Limited Common Elements. Each
Owner may use the General Common Elements and his appurtenant
Limited Common Elements SUbject to the terms and provisions of
this Declaration in accordance with the purpose for which they
are intended without hindering or encroaching on the lawful
rights of the other Owners. The Association and/or the Board
may, from time to time, adopt rules and regulations governing
the use of General and Limited Common Elements. Each Owner, by
the acceptance of his deed or other instrument of conveyance or
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#345938 06/1,7/~,2 t6;1.~f'\ty Cler'k, Doc $.00
Silvia Davis, Pltklf'\
assignment, agrees to accept and be bound by any such adopted
rules and regulations.
15. Various Riqhts and Easements.
a. Owner's Riahts in Limited Common Elements.
Subject to the other provisions of this Declaration, each Owner
and his guests shall have an exclusive right to use and enjoy
the Limited Common Elements designated herein, in the Map, or
in the initial deed from Declarant as appurtenant to the
condominium unit owned by such Owner.
b. Association Riahts. The Association, the Board
and the Managing Agent shall have a non-exclusive right and
easement to make such use of and enter into or on the General
Common Elements, the Limited Common Elements and the units as
may be necessary or appropriate for the performance of the
duties and functions which they are obligated or permitted to
perform under this Declaration.
c. Owner's Easements for Access. SU9port and
utilities. Each Owner shall have a non-exclusive easement
across the Common Elements for access between his Unit and the
'roads, alleyways and streets adjacent to the Project, and his
parking areas and driveways in the Project, over and on the
stairs, walks and exterior access and other easements which are
part of the Common Elements. Each Owner shall have a
non-exclusive easement in, on and over the Common Elements,
including the Common Elements within the Unit of another Owner,
for horizontal and lateral support of the Unit which is part of
his Condominium Unit, for utility service to that Unit,
including and not limited to water, sewer, gas, electricity,
telephone and television service.
d. Easements for Encroachments. If any part of the
Common Elements encroaches or shall hereafter encroach on a
Unit, the Association shall have an easement for such
encroachment and for the maintenance of those Common Elements.
If any part of a Unit encroaches or shall hereafter encroach on
the Common Elements. or on another Unit, the Owner of that Unit
shall and does have an easement for such encroachment and for
the maintenance of same. Such encroachments shall not be
considered to be encumbrances either on the Common Elements, or
on a Unit, for purposes of marketability of title or otherwise.
Encroachments referred to herein include, and are not limited
to, encroachments caused by error in the original construction
of the buildings, by error in the, Map, by settling, rising or
shifting of the earth, or by changes in position caused by
repair or reconstruction of the Project, or any part thereof.
However, no easement shall be created by any encroachment
occurring or arising from the willful conduct of an Owner or
Owners.
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115
e. Easements in units for Repair. Maintenance and
Emeraencies. Some of the Common Elements are or may be located
within a Unit, or may be conveniently accessible only through a
particular unit. The Association, Board, Managing Agent and
each Owner shall have an easement, which shall be exercised for
any Owner by the Association, the Board or the Managing Agent,
as his agent, for access through each unit and to all Common
Elements, from time to time, during such reasonable hours as
may be necessary for the location, placement, existence,
maintenance, repair or replacement of any of the Common
Elements located therein or accessible therefrom, or for making
emergency repairs therein necessary to prevent damage to the
Common Elements or to another Unit, or for making repairs or
replacements pursuant to paragraph sixteen (16) hereafter.
Damage to the interior or any part of a unit resulting from the
maintenance, repair, emergency repair, or replacement of any of
the Common Elements, or as a result of emergency repairs within
another unit, at the instance of the Association, the Board or
the Managing Agent, shall be a common expense of all of the
Owners. No diminution or abatement of common expense
assessments shall be claimed or allowed for inconvenience or
discomfort arising from the making of repairs or improvements,
or, from action taken to comply with any law, ordinance or order
of any governmental authority, unless so determined by the
Board. Restoration of the damaged improvements shall be
substantially the same as the condition in which they existed
prior to the damage. Notwithstanding the foregoing, if any
such damage is the result of, the carelessness or negligence of
any Owner, such Owner shall be solely responsible for the costs
and expenses of repairing such damage. An Owner of any unit
containing a Common Element shall indemnify and hold the
Association harmless for any damage caused by said Owner and/or
any of its guests to said Common Element(s).
f. Easements Deemed Appurtenant. The easements,
uses and rights herein created for an Owner shall be
appurtenant to and run with the Condominium Unit of that Owner,
and all conveyances of and other instruments affecting title to
a condominium Unit shall be deemed to grant and reserve the
easements, uses and rights as are provided for herein, even
though no specific reference, to such easements, uses and rights
appear in any such conveyance.
g. Emergencv Easement. A non-exclusive easement for
ingress and egress is hereby granted to all police, sheriff,
fire protection, ambulance and other similar emergency agencies
or persons now or hereafter servicing the Project to enter on
driveways located in the Project and on the property in the
lawful performance of their duties.
16. Owners' Maintenance Responsibilitv. For purposes of
maintenance, repair, alteration and remodeling, an Owner shall
be deemed to own, and shall have the right and obligation to
maintain, repair, alter and remodel the interior nonsupporting
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, , 1..; 1 n Cn . BK 681 PG 116
Clerk Doe: $.00
walls, the materials (such as, but not limited to, plaster,
gypsum drywall, paneling, wallpaper, paint, wall and floor tile
and flooring, not including the subflooring) making up the
finished surfaces of the perimeter walls, ceilings and floors
within the Unit, and the Unit's doors and windows, and any and
all new additions to a Unit made,by the Owner thereof,
including, without limitation, ary new fence or other structure
to be constructed enclosing a patio, balcony, yard or deck area
(if permitted by the Association). The obligation to maintain
any fence or other structure,enclosing a patio, balcony, yard
or deck area originally conveyed by Declarant shall be that of
the Association. No Owner shalli however, make any changes or
alterations of any type or kind to the exterior surfaces of the
doors or windows to his Unit or to any Common Elements
(including, and not limited to, the exterior portions of his
Unit). The Owner shall not be deemed to own lines, pipes,
wires, conduits or systems (which, for brevity, are hereinafter
referred to as "utilities") running through his Unit which
serve one (1) or more other Units, except as a tenant-in-common
with the other Owners. Each Owner shall have the obligation to
replace any finishing or other materials removed with similar
or other types or kinds of materials. An Owner shall maintain
and keep in good repair, and in a clean, safe, attractive and
sightly condition, the interior of his Unit, including the
fixtures, doors and windows thereof, and the improvements
affixed thereto, and such other items and areas as may be
required in this Declaration or in the Bylaws. Also, an Owner
shall maintain, clean and keep in a neat and clean condition
and free and clear of snow, ice and any accumulation of water
on the deck, yard, porch, roof overhangs, balcony and/or patio
area adjoining and/or leading to'a Unit, if any, which areas
are Limited Common Elements appurtenant to such Owner's
Condominium Unit. All fixtures, appliances and equipment
installed within a Unit commencing at a point where the
utilities enter the Unit shall be maintained and kept in repair
by the Owner thereof. If any Owner fails to carry out or
neglects the responsibilities set forth in this paragraph, the
Board or the Managing Agent may fulfill the same and Charge
such Owner therefor. Any expense incurred by an Owner under
this paragraph shall be the sole expense of the Owner.
17. Com~liance with provisions of Declaration. Articles
of Incorporation and BYlaws of the Association. Each Owner
shall comply strictly with, and shall cause each of his guests
to comply strictly with, all of the provisions of this
Declaration, the Articles and Bylaws, and the decisions, rules,
regulations and resolutions of the Association or the Board
adopted pursuant thereto, as the same may be lawfully amended
from time to time.
The violation of any restriction or condition or
regulation adopted by the Board of Directors or the breach of
any covenant or provision herein maintained, shall give the
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, C .00
PEl 117
Board of Directors (in the name of the Association on behalf of
the Owners) the right, in ad~ition to any other rights provided
for in this Declaration: (a) to enter upon the Unit, or any
portion of the property upon which, or as to which, such
violation or breach exists and to summarily abate and remove,
at the expense of the defaulting Owner, any structure, thing or
condition that may exist thereon contrary to the intent and
meaning of the provisions hereof, and the Board, or its
employees or agents, shall not thereby be deemed guilty in any
manner of trespass; or (b) to e~join, abate or remedy by
appropriate legal proceedings, either at law or in equity, the
continuance of any breach, and/or (c) to recover sums due for
damages. Such remedies shall be cumulative and not exclusive
of one another and shall be in addition to any other remedies
available to the Board of Directors by law.
Furthermore, if any Owner (either by that Owner's own
conduct or by the conduct of any other occupant of that Owner's
unit) shall violate any of the terms, conditions, covenants,
and obligations of this Declaration or the regulations adopted
by the Board of Directors and such violation shall not be cured
within thirty (30) days after notice in writing from the Board
of Directors or shall re-occur more than once thereafter, then
the Board of Directors shall have the power to issue to the
defaulting unit Owner a ten (10) day notice in writing to
terminate the right of the said defaulting Owner to continue'as
an Owner and to continue to occupy, use or control his Unit and
thereupon an action in equity may be filed by the Board of
Directors against the Owner and/or occupants, or in the
alternative a decree declaring the termination of the
defaulting Owner on account of the breach of covenant and
ordering that all the right, title, and interest of the Owner
in the property shall be sold (subject to the lien of any
existing mortgage) at a judicial sale upon such notice and
terms as the court shall establish, except that the court shall
enjoin and restrain the defaulting Owner from re-acquiring the
defaulting Owner's interest or any part thereof at such
judicial sale or by virtue of the exercise of any right of
redemption which may be established. The proceeds of any such
judicial sale shall first be' paid to discharge court costs,
court reporter charges, reasonable attorney's fees, and all
other expenses of the proceeding and sale, and all such items
shall be taxed against the defaulting Owner in said decree.
Any balance of proceeds after satisfaction of such charges
shall be applied and paid in the same order as is provided in
subparagraphs d. (1) through (5) of paragraph thirty (30)
hereof. Upon the confirmation of such sale, the purchaser
thereof shall thereupon be e~titled to a deed to the Unit and,
subject to the rights of the Board of Directors as provided
herein, to immediate possession of the unit sold and may apply
to the court for an appropriate writ of assistance for the
purpose of acquiring such possession, and it shall be a
condition of any such sale, and the decree shall so provide
that the purchaser shall take the interest in the property sold
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PG 118
subject to the terms, conditions, and obligations of this
Declaration, including obligations then accrued and unpaid, if
any.
18. The Association.
a. General Purposes and Power. The Association,
through the Board or the Managing Agent, shall perform
functions and hold and manage property as provided in this
Declaration so as to further the interests of Owners of
Condominium Units in the project. It shall have all powers
necessary or desirable to effectuate such purposes.
b. Membership and Votinq. The Owner of a
Condominium unit shall automatically become a member of the
Association. The membership is appurtenant to the Condominium
Unit of the Owner, and the ownership of the membership for a
Condominium Unit shall automatically pass with fee simple title
to the Condominium Unit and the new Owner shall automatically
become a member. Each Owner shall automatically be entitled to
the benefits ,and subject to the burdens relating to the
membership for his condominium Unit. If the fee simple title
to a Unit is held by more than one (1) person, the membership
as to such Unit shall be joint, and a single membership for
such Unit shall be issued in the names of all owners, and they
shall designate to the Association in writing the name of one
(1) natural person eighteen (18) years of age or older who
shall have the power to vote said membership at any meeting of
members. Memberships in the Association shall be limited to
Owners of Condominium Units in the Project, and each Unit shall
be entitled to one (1) vote only.
c. Board of Directors. The affairs of the
Association shall be managed and governed by a Board of
Directors as is provided in the Bylaws of the Association. The
Board of Directors may by resolution delegate any portion of
its authority to an executive committee, or to a director or
Managing Agent for the Association. There shall be no less
than three (3) members of the Board of Directors who shall be
elected in the manner provided in the Bylaws of the
Association, all of whom shall be Owners or residents of a
Unit; provided, however, that any natural person eighteen (18)
years of age or older may be nominated to such office by
Declarant so long as Declarant is the Owner of a Unit.
d. Rules and Requlations. The Board of Directors
may, from time to time, adopt or amend such reasonable rules
and regulations governing the operation, maintenance,
beautification and use of the Common Elements and the Units,
not inconsistent with the terms of this Declaration, as it
seems fit, and the Owners shall conform to, and abide by, such
reasonable rules and regulations. Written notice of such rules
and regulations shall be given to all Owners. A violation of
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_Sc~~\lia_~a!iS_,t~tk!n. t::t1 ~X__Cl er:L.'})oc:. !!;~g,?,___,..._
such rules or regulations shall be deemed a violation of the
terms of this Declaration.
e. Non-Liabilitv of the Board. The members of the
Board of Directors and the officers and employees of the
Association shall not be liable to the Owners for any mistake
of judgment, or any acts or omissions made in good faith as
such members, officers or employees. The Owners shall
indemnify and hold harmless each of such persons against all
contractual liability to others arising out of contracts made
by such person on behalf of the O~ners unless any such contract
shall have been made in bad faith or contrary to the express
provisions of this Declaration. The liability of any Owner
arising out of any contract made by such persons or out of the
aforesaid indemnity shall be limited to such proportion of the
total liability thereunder as that Owner's percentage interest
in the General Common Elements. Each agreement for which
indemnity is provided hereunder made by such persons shall have
been executed by such persons expressly as agents for the
Association.
f. Finalitv of Determinations of the Board. In the
event of any dispute or disagreement between any Owners
relating to the property, or any question of interpretation or
application of the provisions of this Declaration or any other
agreement affecting the Project or the Association including
the extent and exercise of voting rights by a unit Owner or
Owners, the determination thereof by the Board of Directors
shall be final and binding on each and all of such Owners. The
foregoing shall not apply in cases where arbitration is
expressly designated as the procedure for resolution of the
dispute.
g. Bvlaws and Articles. The purposes and powers of
the Association, and the rights and obligations with respect to
Owners set forth in this Declaration, may and shall be
amplified by provisions of the Articles and Bylaws of the
Association. The administration and management of this
commercial condominium shall be governed by the Articles and
Bylaws of the Association.
19. certain Rights and Obligations of the Association.
a. Association as Attornev-in-Fact for Owners. The
Association is hereby irrevocably appointed attorney-in-fact
for the Owners and each of, them to manage, control and deal
with the interest of each Owner in the Common Elements so as to
permit the Association to fulfill all of its duties and
obligations hereunder, and to exercise all of its rights
hereunder, to deal with the Project on its destruction or
obsolescence as hereinafter provided, and to grant utility
easements through any portion of the Common Elements. The
acceptance by any person of any interest in any condominium
Unit shall constitute an appointment of the Association as
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_.....~...~.....-_,..__,.._..__....____.,.__._...___.. _, n..,_ ........m _'_'__~"__'_"__,,_____,____,,_"_,_~____.____.__,.____. ~_... __ ___.-' ..____ ~ ___ ....__,____.__
attorney-in-fact as provided above and hereinafter. The
Association is hereby granted all of the powers necessary to
govern, manage, maintain, repair, rebuild, administer and
regulate the Project, and to perform all of the duties required
of it. Notwithstanding the foregoing, and subject to the
provisions contained in this Declaration unless all of the
Owners (excluding Declarant) have given their prior written
approval, the Association shall not be empowered or entitled
to:
(1) by act or omission seek to abandon or
terminate the Project;
(2) change the pro rata interest or obligations
of any individual Condominium Unit for the purpose of levying
assessments Or charges, or allocating distributions of hazard
insurance proceeds or condemnation awards;
(3) partition or subdivide any Condominium
unit;
(4) by act or omission seek to abandon,
partition, subdivide, encumber, sell or transfer (excluding the
granting of easements for public utilities or other public
purposes consistent with the intended use of the Common
Elements) any of the General or Limited Common Elements; and
(5) use hazard insurance proceeds for loss to
the Project (whether Units or Common Elements) for other than
repair, replacement or reconstruction thereof.
provided, however, that no action set forth in
subparagraphs nineteen (19) (a) (1-5) above may be taken without
the prior written approval of the Owner and first mortgagee of
the specific Unit or Units being affected.
b. General Common Elements. The Association shall
provide for the care, operation, management, maintenance,
repair and replacement of the Common Elements, except as is
provided for in paragraph sixteen (16) hereof. Without
limiting the generality of the foregoing, the obligations shall
include the keeping of such Common Elements in a good, clean,
attractive, and sanitary condition, order and repair; removing
snow and any other materials from such Common Elements which
might impair access to the Project or the Units; keeping the
Project safe, attractive and desirable; and making necessary or
desirable alterations, additions, betterments or improvements
to or on the Common Elements.
c. Other Association Functions. The Association may
undertake any activity, function or service for the benefit of
or to further the interests of all, some or any Owners on a
self-supporting, special-assessment or common-assessment basis.
such activities, functions or services may include the
providing of police or similar security services.
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d. Labor and Services. The Association: (1) may
obtain and pay for the services of a Managing Agent to manage
its affairs or any part thereof to the extent it deems
advisable, as well as such other personnel as the Association
shall determine to be necessary or desirable for the proper
operation of the Project, whether such personnel are furnished
or employed directly by the Association, or by any person with
whom or which it contracts; (2) may obtain and pay for legal
and accounting services necessary or desirable in connection
with the operation of the Project or the enforcement of this
Declaration; and (3) may arrange with others to furnish
lighting, heating, water, trash collection, sewer service and
other common services. Any assessment for professional
management of the Project, or any contract providing for
services of the Declarant, may not exceed one (1) year, and
must provide for termination by either party, with or without
cause, and without payment of a termination fee, on thirty (30)
days written notice, unless the continuation of professional
management is approved by seventy-five percent (75%) of the
Owners.
e. Propertv of Association. The Association
may pay for, acquire and hold or lease real property for the
purposes set forth within this Declaration, and tangible and
intangible personal property, and may dispose of the same by
sale or otherwise. Subject to the provisions of this
Declaration, and rules and regulations of the Association, each
Owner and each Owner's employees, agents, officers, invitees
and licensees may use such property. On termination of
condominium ownership of the Project and dissolution of the
Association, if ever, the beneficial interest in any such
property shall be deemed to be owned by the then Owners as
tenants-in-common in the same proportion as their respective
interests in the Common Elements. A transfer of a Unit shall
transfer to the transferee ownership of the transferor's
beneficial interest in such Common Elements without any
reference thereto. Each Owner may ,use the Common Elements in
accordance with the purposes for which it is intended, without
hindering or encroaching on the lawful rights of the other
Owners. The transfer of title to a Unit under foreclosure
shall entitle the purchaser to the beneficial interest in the
Common Elements associated with the foreclosed Unit.
f. Association Riqht to Lease and License General
Common Elements. The Association shall have the right to
lease, license, or permit the use of by less than all Owners,
or by non-Owners, on either a short-term basis or long-term
basis, and with or without charge as the Association may deem'
desirable, any portion of the Common Elements or any
Condominium Unit owned by the Association. The rights granted
to the Association in this subparagraph shall only be used in
the promotion of the collective best interests of the Owners.
Further, the Association shall have the right to grant utility
easements under, through or over the Common Elements which are
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reasonably necessary to the ongoing development and operation
of the project.
g. Mortgagee Notification. The Association shall
notify each first mortgagee of ,any proposed material amendment
of the Association's Articles or Bylaws at least ten (10) days
prior to the effective date of such amendment or change.
Further, on the written request of any first mortgagee, such
first mortgagee shall be entitled to receive the most recent
annual budget and/or financial statement of the Association,
and written notice of all meetings of the Association, and such
first mortgagee shall have the right to designate a
representative to attend any such meeting.
h. Enforcement bv Association. The Board may
.' suspend any Owner's voting rights in the Association, or the
\.,.." . . .
"'n,ght of an Owner to use the Common Elements of the proJect
during any period or periods during which such Owner fails to
comply with the Association's rules and regula~ions, fails to
'/ pay assessments, or fails to comply with any other obligations
of such Owner under this Declaration or the Bylaws. The
Association may also take judicial action against any Owner to
enforce compliance with such rules, regulations or other
obligations hereunder, or in the Bylaws contained, or to obtain
damages for noncompliance thereof, all to the extent permitted
by law. The Board may impose a, reasonable fine on any Owner
for each violation or act of noncompliance by any such Owner or
his guests.
i. certificate. The Board of Directors may, from
time to time, record a certificate of the identity and the
mailing addresses of the persons then comprising the Board of
Directors, together with the identity and address of the
Managing Agent, if any there be. Such certificate shall be
conclusive evidence thereof in favor of any person relying
thereon in good faith, regardless of the time elapsed since the
date thereof.
j. Implied Riqhts. The Association shall have and
may exercise any right or privilege given to it expressly by
this DeClaration, the Articles or the Bylaws, or reasonably to
be implied from the provisions of those documents, or given or
implied by law, or which may be necessary or desirable to
fulfill its duties, obligations, rights or privileges.
20. Assessment for Common Expenses.
a. Declarant, for each unit owned by it, and for and
as the owner of the property and every part thereof, hereby
covenants, and each Owner of any unit by the acceptance of a
deed therefor, whether or not it be so expressed in the deed,
shall be deemed to covenant and agree with each other and with
the Association to pay to the Association monthly assessments
made by the Association for the purposes provided in this
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'-..."..-~._----
Declaration, and special assessments for capital improvements
and other matters as provided in this Declaration. Such
assessments shall be fixed, established, and collected from
time to time in the manner provided in this Declaration, and by
the Articles and Bylaws of the Association.
b. The total monthly assessments against all Units
shall be based upon advance estimates of cash requirements by
the Association to provide for the payment of all estimated
expenses growing out of or connected with the maintenance and
operation of the Common Elements or furnishing such utility
services as shall not be separately furnished and metered to
the units, which estimates may include, among other things:
taxes and special assessments, until the Units are separately
assessed as provided herein; premiums for all insurance which
the Association is required or permitted to maintain pursuant
hereto, except such premiums as are paid for by the Association
for which direct reimbursement is made by a unit Owner or
Owners; landscaping and care of grounds; common lighting and
heating and common water charges; trash collection; sewer
service charges; repairs and maintenance of the Common
Elements; wages for Association employees; security services;
management expenses; legal and accounting fees; any deficit
remaining from a previous period; the creation of a reasonable
contingency reserve, surplus and/or sinking fund; and any other
expenses and liabilities which may be incurred by the
Association for the benefit of the Owners under or by reason of
this Declaration; provided, however, that all expenses of
repairing, striping, snow removal and maintenance of the
Parking Area and Parking Spaces shall be as~essed only to the
Owners of the Limited Common Element parking spaces in
proportion to the number of parking spaces which they
respectively own.
c. At least once each year, the Board of Directors
shall estimate the annual budget of common expenses (the
"annual bUdget") including the total amount required for the
cost of wages, materials, insurance, services, and supplies
which will be required during the ensuing calendar year for the
rendering of all services in connection with the Common
Elements, together with a reasonable amount considered by the
Board of Directors to be necessary for a reserve for
contingencies and replacements. Within thirty (30) days after
adoption of any proposed budget for the project, the Board
shall mail, by ordinary first-class mail, or otherwise deliver,
a summary of the budget to all the unit Owners, and shall set a
date for a meeting of the Unit Owners to consider ratification
of the budget not less than fourteen (14) nor more than sixty
(60) days after mailing or other delivery of the summary.
Unless, at that meeting, a majority of all Unit Owners reject
the budget, the budget is ratified, whether or not a quorum is
present. In the event that the proposed budget is rejected,
the periodic budget last ratified by the Unit Owners must be
continued until such time as the unit Owners ratify a
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-- ~-_.__..,,,~--_._-".- -, ".-- --- -"----- -.---'- -----
subsequent budget proposed by the Board. Said annual budget
shall be assessed to the Unit Owners according to each unit
Owner's percentage of ownership in the Common Elements as set
forth in Exhibit "1", or as may be modified in accordance with
the provisions of this Declqration. On or before the first
(1st) day of each month of said year, each Owner shall be
obligated to pay to the Board of Directors or to the Managing
Agent, 1/12th of the assessment made pursuant to this
paragraph. On or before the first day of March of each
calendar year commencing 1993, the Board of Directors or
Managing Agent shall supply to all Unit Owners an itemized
accounting of the common expenses for the preceding calendar
year actually incurred and paid together with a tabulation of
the amounts collected pursuant to the estimates provided, and
showing the net amount over or short of the actual expenditures
plus reserves. Any amount accumulated in excess of the amount
required for actual expenses and reserves shall be credited
according to each Owner's percentage of ownership in the Common
Elements to the next monthly installments due from Owners under
the current year's estimate, until exhausted, and any net
shortage shall be added according to each Unit Owner's
percentage of ownership in the Common Elements to the next two
installments due after rendering of the accounting. The Board
of Directors shall build up and maintain a reasonable reserve
for contingencies and replacements. Extraordinary expenditures
not originally included in the annual budget which may become
necessary during the year shall be charged first against such
reserve. If said annual budget proves inadequate for any
reason, including non-payment of any Owner's regular or special
assessment, the Board of Directors may at any time levy a
further assessment, which shall be as,sessed to the unit Owners
according to each Unit Owner's percentage of ownership in the
Common Elements. The Board of Directors or Managing Agent
shall serve notice of such further assessment on all Unit
Owners by a statement in writing giving the amount and reasons
therefor, and such further assessment shall become effective
with the next monthly payment which is due more than ten (10)
days after the delivery or mailing of such notice of further
assessment. All unit Owners shall be obligated to pay the
adjusted monthly amount.
d. The failure of the Board of Directors to prepare
or serve the annual or adjusted budget on the Owners shall not
constitute a waiver or release in any manner of the Owner's
obligation to pay the maintenance and other costs and necessary
reserves, as herein provided, whenever the same shall be
determined, and in the absence of any annual budget or adjusted
budget, the Owners shall continue to pay the monthly assessment
charges at the then existing monthly rate established for the
previous period until the next monthly assessment payment which
is due more than ten (10) days after such new annual or
adjusted budget shall have been mailed or delivered.
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The Board of Directors (or the Managing Agent
acting for and on behalf of the Board of Directors) shall
deliver copies of the budget, and accurate books and records of
receipt, expenditures, assets, and liabilities of the
Association, and the obligations of each and all Owners
thereto, and the same shall be open for inspection by any Owner
or any representative of an Owner duly authorized in writing,
at such reasonable time or times during normal business hours
as may be requested by any Owner. All funds collected
hereunder shall be held and expended solely for the purposes
designated herein, and (except for such special assessments as
may be levied hereunder against less than all the unit Owners
and for such adjustments as may be required to reflect
delinquent or prepaid assessments) shall be deemed to be held
in trust for the benefit, use and account of all the Owners in
the percentages set forth in Exhibit "I", or as such
percentages may be modified as provided hereunder.
e. until such time as the Board of Directors shall
have provided its first annual budget to the Owners, or for
such other period as the Board of Directors determines, the
Board of Directors shall have the right to assess the common
expenses, as hereinabove provided, on a monthly basis and all
Owners shall pay such monthly assessments as advised by the
Board or Managing Agent.
f. The following expenses or charges incurred by the
Board of Directors (and/or unit owners) shall be specially
assessed to the individual Owner to which such expense or
charge is applicable (in addition to any other costs, charges
or expenses which by law or the terms of this Declaration are
payable by an individual Owner):
(1) The amount by which any premium for
insurance maintained by the Board of Directors and/or Unit
Owner is increased as a result of any business or other
activity or act of such owner, or of any guest of such owner,
or the amount of any premium on new insurance which is
purchased by the Board of Directors solely as a result of any
business or other activity or act of such Owner, or of any
guest of such Owner. The written statement of the insurance
carrier to the effect that a specific increase is attributable
to such business or other activity shall be conclusive as to
such increase and the amount thereof. If such increased
premium or new insurance premium is necessitated by the usual
and customary business activity carried on in accordance with
the terms of this Declaration in any commercial or professional
Unit, then, upon the payment of such amount by the Owner of
such commercial or professional Unit, such Owner shall not be
deemed in violation of the terms or provisions of this
Declaration.
(2) The monthly or other fee or compensation
and any other cost or sum which the Board of Directors or
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_S~.:~.'2\_Dav1s, P1tkin Cnty Clerk, Doc: $.00
---...--.--__________...._...__.m.___...________" ___.._.__._,,~_..,,_._.____,.____,,__ ____ ",_"..,,_____
PG 126
Association is obligated to pay to the Managing Agent with
respect to a Unit under the terms of any agreement with such
Managing Agent.
g. In addition to the remedies or liens provided by
law, or by this Declaration, if an Owner is in default in the
monthly payment of any aforesaid charge or assessment for
twenty (20) days, the Board of Directors may bring suit for and
on behalf of the Association and as representative of all
owners, to enforce collection thereof or to foreclose the lien
therefor as provided by law or by this Declaration; and there
shall be added to the amount due the collection costs of said
suit, including all court costs, together with interest at the
rate of 18% per annum form the due date thereof, plus a
reasonable late charge and reasonable attorney's fees. No
Owner may waive or otherwise escape liability for the
assessments or other charges provided for hereby by non-use of
the Common Elements or any portion thereof or abandonment of
that Owner's Unit.
h. Assessments or other charges assessed against a
unit shall be the personal and individual debt of the Owner or
Owners thereof and such Owners shall be jointly and severally
liable therefor.
i. Any Owner or first mortgagee may, pursuant to
C.R.S. ~ 38-33-107 (1973, as amended), inspect the
Association's records of receipts and expenditures at any
reasonable time during convenient weekday business hours; and,
on ten (10) days notice to the Board of Directors or Managing
Agent, if any, and on payment of a reasonable fee not to exceed
Fifty Dollars ($50.00), any Owner or first mortgagee of such
Owner shall be furnished a statement of account setting forth
the amount of any unpaid assessments, or other charges due and
owing from such Owner.
21. Assessment Reserves. The Association may require an
owner, other than Declarant, to deposit with the Association an
amount not exceeding two (2) times the amount of the original
estimated monthly common assessment, which sum shall be held,
without interest, by the Association as a reserve to be used
for paying such Owner's monthly common assessment and for
working capital. Such an advance payment shall not relieve an
Owner from making the regular monthly payment of the common
assessment as the same comes due. On the transfer of his Unit,
an Owner shall be entitled ,to a credit from his transferee for
any unused portion thereof. Such reserves shall, at all times,
remain as capital of the Association.
22. Additions. Alterations and Improvements - General and
Limited Common Elements. There shall be no capital additions,
alterations or improvements of or to the General or Limited
Common Elements by the Association requiring expenditure(s) in
excess of Ten Thousand Dollars ($10,000.00), or in excess of
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Sllv1a DavIs, Pitkin Cnty Clerk, Doc $.00
PG 127
any amount as determined by the Board at any time to reflect
economic realities, in anyone (1) calendar year, without, in
each case, prior approval by seventy-five percent (75%) of the
Owners of the units. The limitations set forth above shall not
apply to any expenditures made by the Association for
maintenance and repair of the Common Elements as set forth in
paragraph nineteen (19) hereof, or for repair in the event of
damage, destruction or condemnation as provided in paragraphs
thirty (30) and thirty-one (31) hereof.
22. Insurance.
a. Insurance Requirements Generallv. The
Association or the Managing Agent shall obtain and maintain in
full force and effect at all times certain casualty, liability
and other insurance as hereinafter provided. All such
insurance shall be obtained, to the extent possible, from
responsible companies duly authorized and licensed to do
insurance business in the state of Colorado. All such
insurance shall name as insureds the Association, the Board of
Directors of the Association, the Association's officers,
employees and agents, and, if practicable, the Owners. All
such insurance shall protect each of the insureds as if each
were separately insured under separate policies. To the extent
possible, such casualty insurance shall:
(1) provide for a waiver of subrogation of the
insurer as to claims against Declarant, the Association, its
directors, officers, employees and agents, and against each
Owner, and each Owner's employees, agents, officers, licensees,
and invitees;
(2) provide that the insurance cannot be
cancelled, invalidated or suspended on account of the conduct
of the Association, its officers, directors, employees and
agents without a prior demand in writing that the Association
or Managing Agent cure the defect, or of any Owner, or such
Owner's employees, agents, officers, licensees, and invitees;
(3) provide that any "no other insurance" clause
in the insurance policy shall exclude any policies of insurance
maintained by any Owner or mortgagee, and that the insurance
policy shall not be brought into contribution with insurance
maintained by any Owner or mortgagee;
(4) contain a standard mortgage clause
endorsement in favor of the mortgagee of any unit or part of
the Project, except a mortgagee of a unit or part of the
Project who is covered by other and separate insurance;
(5) provide that the policy of insurance shall
not be terminated, cancelled or sUbstantially modified without
at least ten (10) days prior written notice to the Association,
and to each Owner and to each mortgagee covered by ,any standard
mortgage clause endorsement; and
(6) provide that the insurer shall not have the
option to restore the premises if condominium ownership of the
Project is to be terminated in accordance with the terms of
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this Declaration, or the project is to be sold in its entirety
in accordance with the destruction, condemnation and
obsolescence provisions of this Declaration.
To the extent possible, comprehensive public
liability and property damage insurance shall provide for
coverage of any cross liability claims of Owners against the
Association or other owners, and of the Association against
Owners, without the right of subrogation. Any insurance policy
may contain such deductible provisions as the Board of
Directors of the Association deems consistent with good
business practice.
The Association shall obtain an independent appraisal
of the Project at least every three (3) years, or more often if
the Board of Directors deems it advisable; provided, however,
that said appraisal may be performed by an appraiser employed
by an insurance company.
certificates of insurance coverage or copies of
insurance policies shall be issued to each Owner and each
mortgagee who makes written request to the Association for any
such certificate or copy of an insurance policy.
b. Casualtv Insurance. The Association shall
obtain and maintain casualty insurance covering the Project,
and each Unit, covering loss or damage by fire and such other
hazards as, are covered under standard extended coverage
policies, with vandalism and malicious mischief endorsements,
and, if available and if deemed appropriate by the Association,
other casualty risks, for the full insurable replacement cost
of the Project, including each unit with an inflation guard
endorsement that automatically increases the amount of coverage
by a fixed percentage at least quarterly. At the option of the
Association, such insurance may also cover additions,
alterations or improvements to a Unit made by an Owner if the
Owner reimburses the Association for any additional premiums
attributable to such coverage. The Association shall not be
obligated to apply any insurance proceeds to restore a
Condominium Unit to a condition better than the conditions
existing prior to the making of additions, alterations or
improvements by an Owner, in the absence of insurance covering
such additions, alterations or improvements as aforesaid.
c. Public Liabilitv and Propertv Damaqe Insurance.
The Association shall obtain and maintain comprehensive pUblic
liability and property damage insurance covering personal
liability, property damage liability, and automobile personal
and property damage liability of the Association, its officers,
managers, employees and agents, and of each Owner and each
Owner's employees, agents, officers, invitees and licensees,
arising in conjunction with ownership, operation, maintenance,
occupancy or use of the Project, or of any Condominium unit in
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the project, in such limits as the Board of Directors shall
deem desirable.
d. Workmen's Compensation and Emplover's Liabilitv
Insurance. The Association shall obtain and maintain workmen's
compensation and employer's liability insurance as may be
necessary to comply with applicable laws.
e. Insurance bv Owners. Insurance coverage on
contents, merchandise, furnishings, and other items of personal
or other property belonging to an Owner, and public liability
coverage within each Unit, shall be the sole and direct
responsibility of the Unit Owner thereof, and the Board of
Directors, the Association and the Managing Agent shall have no
responsibility therefor.
Any insurance policy obtained by an Owner shall be
such that it will not diminish or adversely affect or
invalidate any insurance or insurance recovery under policies
carried by the Association, and shall, to the extent possible,
contain a waiver of the right of subrogation by the insurer as
to any claim against the Association, its officers, managers,
agents and employees, and against the Owners and their
employees and guests. A copy of any insurance policy obtained
by an Owner shall be furnished to the Association on the
written request of the Association.
f. Receipt and Application of Insurance Proceeds.
Except as some particular person has a legal right to receive
insurance proceeds directly, all insurance proceeds and
recoveries shall be paid to and received by the Association.
All insurance proceeds or recoveries received by the
Association shall be applied by the Association; first, as
expressly provided ,elsewhere in this Declaration; second, to
the Owners or persons whom the Association may determine are
legally or equitably entitled thereto; and third, the balance,
if any, to Owners in proportion to their respective interests
in General Common Elements.
g. Other Insurance by Association. The Association
shall have the power or authority to obtain and maintain other
and additional insurance coverage, including casualty insurance
covering personal property of the Association, fidelity bonds,
or insurance covering employees and agents of the Association,
and insurance indemnifying officers, managers, employees and
agents of the Association.
h. Owner-Increased Premiums. In the event that, as
a consequence of the hazardous use of any Condominium Unit, or
of any Owner installed improvements to any Condominium Unit,
the premiums of any policy of insurance purchased by the
Association are increased, or special policy is required, the
cost of such increase or specific policy shall be payable by
the Owner of such Condominium Unit.
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24. Lien for Nonpavment of Common Expenses.
a. All sums assessed by the Board pursuant to any
provisions of this Declaration, including, without limitation,
the share of common expenses chargeable to any unit and unpaid,
shall constitute a lien on such Unit superior (prior) to all
other liens and encumbrances, except: (1) tax and special
assessment liens on the Unit in favor of any governmental
assessing Unit; and, (2) all sums unpaid on a first mortgage or
first deed of trust which was recorded in Pitkin County,
colorado, prior to the date any such assessments became due and
payable, including all unpaid obligatory sums as may be
provided by such encumbrance.
All other junior lienors acquiring liens on any unit
after this Declaration shall have been recorded in the records
of the Clerk and Recorder of Pitkin county, Colorado shall be
deemed to consent that such liens shall be inferior to future
liens for assessments, as provided herein, whether or not such
consent be specifically set forth in the instruments creating
such liens.
b. If any assessment shall remain unpaid twenty (20)
days from and after the due date thereof, such unpaid sums
shall bear interest from and after the due date thereof at
eighteen percent (18%) per annum. The Board of Directors may
impose a late charge on such defaulting owner, in an amount
specified in rules and regulations promulgated by the Board of
Directors, to cover the extra cost and expenses involved in
handling such delinquent assessments.
c. The Association shall evidence its lien by
recording in the office of the Clerk and Recorder of Pitkin
County, Colorado, written notice which shall set forth the
amount of such unpaid indebtedness, the name of the Owner of
the Unit, a description of the unit, and which shall be signed
by one (1) member of the Board of Directors. Such lien shall
attach from the date of default, and may be enforced by
foreclosure of the defaulting Owner's unit by the Association
in like manner as a mortgage or deed of trust on real property
on the recording of a notice or claim thereof. In any such
foreclosure, the Owner shall be required to pay the costs and
expenses of such proceedings, the costs and expenses for filing
the notice or claim of lien, and all reasonable attorneys'
fees incurred by the Association. The Owner shall also be
required to pay to the Association the monthly assessment for
the unit during the period of foreclosure, and the Association
shall be entitled to the appointment of a receiver to collect
the same. The Board of Directors shall have the power to bid
on the Unit at foreclosure sale, and to acquire and hold,
lease, mortgage and convey the same.
d. Any encumbrancer holding a lien on a Condominium
Unit may pay any unpaid common expenses payable with respect to
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,~il~i:_~:'I~s...'_r i~k i ~-,~~~y_!::l-=,r k "_~c)C:!$'_()~~_
such condominium Unit, and, on such payment, such encumbrancer
shall have a lien on such Condominium unit for the amounts paid
of the same rank as the lien of his encumbrance; provided,
however, that any first mortgagee who obtains title to or takes
possession of a Condominium unit by foreclosure or by a deed in
lieu thereof shall acquire title to such Condominium Unit free
and clear of any lien for unpaid common expenses arising prior
to the date on which such first mortgagee acquires title to or
takes possession of the Condominium Unit, but after the date
that the encumbrance of the first mortgagee becomes a lien
against the Condominium Unit, and shall only be responsible for
common expenses arising after the date on which such first
mortgagee acquires title to or takes possession of the
Condominium Unit.
e. The Association shall, on request, deliver
written notice to the first mortgagee of a Condominium unit of
any assessments remaining unpaid for longer than sixty (60)
days after the same are due, as well as of any other default of
an Owner hereunder known to the Association which is not cured
within sixty (60) days.
f. Declarant states, in accordance with the
requirements of the Colorado Condominium Ownership Act, that it
is possible that liens other than mechanic's liens, assessment
liens, and tax liens may be obtained against the General Common
Elements, including judgment liens and mortgage liens.
g. Any recorded lien for nonpayment of the common
expenses may be released by recording a release of lien
executed by a member of the Board of Directors.
25. owners' Obliaations for Payment of Assessments. The
amount of the common expenses and any special assessment
assessed against each Condominium Unit shall be the personal
and individual debt of the Owner or Owners thereof at the time
the assessment is made. Suit to recover a money judgment for
unpaid common expenses or special assessments, and costs of
suit and attorneys' fees, shall be maintainable without
foreclosing or waiving the lien securing same. No Owner may
exempt himself from liability for his contribution towards the
common expenses or any special assessment by waiver of the use
or enjoyment of the Common Elements, or by abandonment of his
Condominium unit.
26. Liability for Common Expenses on Transfer of
Condominium Unit.
a. On payment of a reasonable fee specified in rules
and regulations adopted by the Board of Directors, and on ten
(10) days prior written notice from any Owner or any mortgagee
or prospective mortgagee of a Unit, the Association, by its
Managing Agent or Board of Directors, shall issue a written
statement setting forth the amount of the unpaid common
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expenses, if any, with respect to the subject Condominium unit,
the amount of the current monthly assessment, the date such
assessment becomes due, the amount of any assessment reserve on
deposit with the Association, and any credit for advanced
payments for prepaid items, including, but not limited to,
insurance premiums, which statement shall be conclusive on the
Association in favor of all persons and mortgagees who rely
thereon in good f~ith. Unless such request for such a
statement shall be complied with within ten (10) days from
receipt thereof, all unpaid common expenses which become due
prior to the date of making such request shall be subordinate
to the lien of the person requesting such statement.
b. The grantee of a unit shall be jointly and
severally liable with the grantor for all unpaid assessments
against the grantor for his proportionate share of the common
expenses and for special assessments and other charges due
hereunder up to the time of the grant or conveyance, without
prejudice to the grantee's right to recover from the grantor
the amounts paid by the grantee therefor; provided, however,
that on payment of a reasonable fee specified in rules and
regulations adopted by the Board of Directors, on written
request, any such prospective grantee shall be entitled to a
statement from the Managing Agent or Board of Directors setting
forth the amount of the unpaid common expenses and special
assessments, if any, with respect to the subject Unit, the
amount of the current monthly assessment, the date that such
assessment becomes due, the amount of any assessment reserve on
deposit with the Association, and any credit for advanced
payments for prepaid items, including, but not limited to,
insurance premiums, which statement shall be conclusive on the
Association in favor of all persons who rely thereon in good
faith. Unless such request for such a statement shall be
complied with within ten (10) days from the receipt thereof,
such requesting grantee shall not be liable for and the Unit
conveyed shall not be subject to a lien for any unpaid ,
assessments against the subject Unit. The provisions contained
in this paragraph shall not apply on initial transfer of the
Condominium units by Declarant, and such sales shall be free
from any liens or common or special assessments to the date of
the conveyance by the Declarant.
27. Mortqaqinq a Condominium unit - Priority. Any Owner
shall have the right, from time to time, to mortgage or
encumber his unit by deed of trust, mortgage or other security
instrument. The Owner of a unit may create junior mortgages
(junior to the lien, deed of trust, or other encumbrance of the
first mortgagee) on his unit on the following conditions: (al
that any such junior mortgages shall always be subordinate to
all of the terms, conditions, covenants, restrictions, uses,
limitations, obligations, liens for common expenses, and other
obligations created by this Declaration, the Articles of
Incorporation and the Bylaws; and, (b) that the mortgagee under
any junior mortgage shall release for the purpose of
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restoration of any improvements on the mortgaged premises all
of his right, title and interest in and to,the proceeds under
all insurance policies effected and placed on the Project by
the Association. Such release shall be furnished forthwith by
a junior mortgagee on written request of the Managing Agent, or
by one (1) or more of the members of the Board of Directors of
the Association.
28. Riqhts of First Refusal by Owners.
a. In the event any Owner of a condominium unit
other than the Declarant shall wish to sell or lease the same,
and shall have received a bona fide offer from another person,
the selling or leasing Owner shall give written notice thereof
to the Declarant together with a copy of such offer and the
terms thereof.
b. Declarant has the right to purchase or lease the
subject Unit upon the same terms and conditions as set forth in
the offer therefor, provided that written notice of such
election to purchase or lease, together with a down payment or
deposit, is given to the selling or leasing Owner, or his
agent, during the twenty (20) day period immediately following
the receipt of the notice of the offer to purchase or lease.
The right of first refusal herein provided shall not apply to
leases or sub-leases having a term of less than ten (10) years,
inclusive of options and rights to renew the same.
c. Closing of the purchase or lease transaction
pursuant to the exercise of a right of first 'refusal as
provided in this paragraph twenty-eight (28) shall be
accomplished within ten (10) days after expiration of the
twenty (20) day notice period provided in subparagraph b.
hereof, in the event of one notice.
d. In the event any Owner shall attempt to sell or
lease his Condominium Unit without affording to the Declarant
the right of first refusal herein provided, such sale or lease
shall be voidable, and may be voided by a certificate of
non-compliance of the Managing Agent or Board of Directors duly
recorded in the office of the Clerk and Recorder of Pitkin
County, Colorado.
However, in the event the Managing Agent or Board of
Directors have not recorded such a certificate of
non-compliance within one (1) year from the date of recording
in the case of a deed delivered in violation of this paragraph,
and one (1) year from the date of possession under a lease
executed in violation of this paragraph, such a conveyance
shall be conclusively deemed to have been made in compliance
with this paragraph and no longer voidable.
The subleasing or subrenting of said interest shall
be subject to the same limitations as are applicable to the
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leasing or renting thereof. The liability of the Owner under
these covenants shall continue, notwithstanding the fact that
he may have leased or rented said interest as provided herein.
In no case shall the right of first refusal reserved herein
affect the right of an Owner to subject his Condominium Unit to
a trust deed, mortgage or other security instrument.
The failure of or refusal by the Declarant to
exercise the right to so purchase or lease shall not constitute
or be deemed to be a waiver of such right to purchase or lease
when an Owner receives any subsequent bona fide offer from a
prospective purchaser or tenant. The right of first refusal as
provided herein shall extend and run for the lives of Stephen
Briggs and Gideon KaUfman of Aspen, Colorado, and their now
living descendants and the survivor of them, plus twenty-one
(21) years.
Except as otherwise provided in this paragraph
twenty-eight (28), and except upon a transfer of title to a
Public Trustee or to a first mortgagee, each grantor of a
Condominium Unit, upon transferring or conveying his interest,
shall incorporate in such instrument of conveyance an agreement
that the grantee carry out the provisions of the "right of
first refusal" as provided in this paragraph twenty-eight (28).
e. In the event of any default on the part of an
Owner under any first mortgage which entitles the holder
thereof to foreclose the same, any sale under such foreclosure,
including delivery of a deed to the first mortgagee in lieu of
such foreclosure, shall be made free and clear of the
provisions of this paragraph twenty-eight (28), and the
purchaser or grantee under such deed in lieu of foreclosure of
such Condominium Unit shall be thereupon and thereafter subject
to the provisions of this Declaration and the Bylaws. If the
purchaser in lieu of such foreclosure shall be the then holder
of the first mortgage, or its nominee, the said holder or
nominee may thereafter sell and convey the Condominium Unit
free and clear of the provisions of this paragraph twenty-eight
(28), but its grantee shall thereupon and thereafter be SUbject
to all of the provisions thereof.
The following transfers are also exempt from the
provisions of this paragraph twenty-eight (28):
(1) The transfer by operation of law of a
deceased joint tenant's interest to the surviving joint
tenant(s);
(2) The transfer of a deceased's interest to a
devisee or devisees by will or his heirs at law under intestacy
laws;
(3) The transfer of an Owner's interest by
treasurer's deed pursuant to a sale for delinquent taxes;
(4) The transfer of all or any part of a
partner's interest as a result of withdrawal, death or
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otherwise, to the remaining partne~s carrying on the
partnership business, and/or to a partner's or partners'
interests between one or more partners, and/or to persons
becoming partners; and
(5) The transfer of a corporation's interest to
the persons formerly owning the stock of the corporation as a
result of a dissolution. A transfer to the resulting entity
follovling a corporate merger or consolidation; provided,
however, that at least fifty percent (50%) of the stock of the
resulting entity is owned by the stockholders of the corporation
formerly owning the Condominium Unit.
If the Owner of a Condominium Unit can establish to
the satisfaction of the Managing Agent or Board of Directors
that a proposed transfer is not a sale or lease, then such a
transfer shall not be subject to the provisions of this
paragraph twenty-eight (28).
f. Upon written request of any prospective
transferree, purchaser, tenant, or an existing or prospective
mortgagee of any Condominium Unit, the Managing Agent or Board
of Directors of the Association shall forthwith, or where time
is specified, at the end of the time, issue a written and
acknowledged certificate in recordable form, evidencing:
(1) with respect to a proposed lease or sale
under this paragraph twenty-eight (28) that proper notice was
given by the selling or leasing owner, and that the Declarant
did not elect to exercise their option to purchase or lease;
(2) with respect to a deed to q first mortgagee
or its nominee in lieu of foreclosure, and a deed from such
first mortgagee or its nominee, pursuant to this paragraph
twenty-eight (28), that the deeds were in fact given in lieu of
foreclosure, and were not subject to the provisions of this
paragraph twenty-eight (28); and
(3) with respect to any contemplated transfer
which is not in fact a sale or lease, that the transfer will not
be subject to the provisions of this paragraph twenty-eight (28).
Such a certificate shall be conclusive evidence of
the facts contained therein.
29. Restrictive Covenants and Obliqations. The Board of
Directors or the Managing Agent shall have the power to
establish, make and enforce compliance with all covenants and
obligations, with the right to amend or supplement from time to
time. Determination with respect to whether or not a
particular activity or occurrence shall constitute a violation
of paragraph 13 of these Declarations shall be made by the
Board and shall be final.
30. Association as Attorney-in-Fact - Damaqe and
Destruction -Obsolescence. This Declaration does hereby make
mandatory the irrevocable appointment of an attorney-in-fact to
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deal with the Project on its destruction, repair or
obsolescence. Title to any unit is declared and expressly made
subject to the terms and conditions hereof, and acceptance by
any grantee of a deed from the Declarant or from any Owner
shall constitute appointment of the attorney-in-fact herein
provided.
a. All of the Owners irrevocably constitute and
appoint the Association as their attorney-in-fact for the
purpose of dealing with the Project on its destruction, repair
or obsolescence, as is hereinafter provided. As
attorney-in-fact, the Association, by its President and
Secretary, shall have full and complete authorization, right
and power to make, execute and deliver any contract, deed or
any other instrument with respect to the interest of an Owner
which is necessary and appropriate to exercise the powers
herein granted. Repair and reconstruction of the improvements
as used in the succeeding subparagraphs means restoring the
improvements to substantially the same condition in which the
improvements existed prior to the damage, with each unit and
the General Common Elements and Limited Common Elements having
substantially the same vertical and horizontal boundaries as
before. Except as is otherwise herein provided, the proceeds
of any insurance collected shall be available to the
Association for the purpose of repair, restoration or
replacement, unless all Owners and all first mortgagees agree
not to rebuild in accordance with the provisions set forth
hereinafter.
b. 'Assessments for common expenses shall not be
abated during the period of insurance adjustment and repair and
reconstruction.
c. In the event of damage or destruction to the
Project to the extent of not more than seventy-five percent
(75%) of the square foot area of the building due to fire or
other disaster, the insurance proceeds, if sufficient to
reconstruct the improvements, shall be applied by the
Association, as attorney-in-fact, to such reconstruction, and
the improvements shall be promptly repaired and reconstructed.
The Association shall have full authority, right and power, as
attorney-in-fact, to cause the repair and restoration of the
improvements.
d. If the insurance proceeds are insufficient to
repair and reconstruct the improvements, and if such damage is
to the extent of not more than seventy-five percent (75%) of
the square foot area of the building, such damage or
destruction shall be promptly repaired and reconstructed by the
Association, as attorney-in-fact, using the proceeds of
insurance and the proceeds of an assessment to be made against
all of the Owners and their units. Such deficiency assessment
shall be a common expense and made pro rata according to each
Owner's interest in the Common Elements, and shall be due and
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payable within thirty (30) days after written notice thereof.
The Association shall have full authority, right and power, as
attorney-in-fact, to cause the repair or restoration of the
improvements using all of the insurance proceeds and such
assessments, notwithstanding the failure of an Owner to pay an
assessment. The assessment provided for herein shall be a debt
of each Owner and a lien on his or her Unit, and may be
enforced and collected as is provided hereinabove. In addition
thereto, the Association, as attorney-in-fact, shall have the
absolute right and power to sell the Unit of any Owner refusing
or failing to pay such deficiency assessment within the time
provided, and, if not so paid, the Association shall cause to
be recorded a notice that the Unit of the delinquent Owner
shall be sold by the Association, as attorney-in-fact. The
proceeds derived from the sale of such unit shall be used and
disbursed by the Association, as attorney-in-fact, in the
following order:
(1) For payment of taxes and special assessment
liens in favor of any assessing entity and customary expenses
of sale;
(2) For payment of the balance of ,the lien of
any first mortgage;
(3) For payment of unpaid common expenses,
including the prorated share of the deficiency assessment, and
attorneys' fees and costs of colle,ction;
(4) For payment of junior liens and
encumbrances in the order of and to the extent of their
priority; and
(5) The balance remaining, if any, shall be
paid to the Owner whose unit is sold.
e. If the Project is destroyed or damaged to the
extent of more than seventy-five percent (75%) of the square
foot area of the building, and the Owners representing an
aggregate ownership interest of seventy-five percent (75%) or
more of the Common Elements adopt a written plan for
reconstruction, then all of the Owners shall be bound by the
terms and other provisions of such plan. Any assessment made
in connection with such plan shall be a common expense, and
shall be made pro rata according to each Owner's percentage
interest in the Common Elements, and shall be due and payable
as provided in the terms of such plan, but not sooner than
thirty (30) days after written demand thereof. The Association
shall have the right to use, in accordance with such plan, all
proceeds of insurance for such destruction or damages, as well
as the proceeds of an assessment to be made against all of the
Owners and their Units. The Association shall have full
authority, right and power, as attorney-in-fact, to cause the
repair and restoration of the improvements using all of the
insurance proceeds and assessments for such purpose,
notwithstanding the failure of an Owner to pay the assessment.
The assessment provided for herein shall be a debt of each
Owner and a lien on his Unit, and may be enforced and collected
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PG 138
as is provided hereinabove. In addition thereto, the
Association, as attorney-in-fact, shall have the absolute right
and power to sell the unit of any Owner refusing or failing to
pay such assessment within the time provided, and, if not so
paid, the Association shall cause to be recorded a notice that
the unit of the delinquent Owner shall be sold by the
Association. The proceeds derived from the sale of such Unit
shall be used and disbursed by the Association, as
attorney-in-fact, for the same purposes and in the same order
as is provided in subparagraph d. (1-5) of this paragraph.
f. If the Project is damaged or destroyed to the
extent of more than seventy-five percent (75%) of the square
foot area of the building, and if the Owners representing an
aggregate ownership interest of seventy-five percent (75%) or
more of the units vote not to adopt a plan for repair and
reconstruction, the Association shall forthwith record a notice
setting forth such fact or facts, and, on the recording of such
notice by the Association's President and Secretary, the entire
remaining Project shall be sold by the Association, as
attorney-in-fact for all of the Owners, free and clear of the
provisions contained in this Declaration, the Map, the Articles
and the Bylaws. The insurance settlement proceeds shall be
collected by the Association, and such proceeds shall be
divided by the Association according to each Owner's interest
in the Common Elements, and such divided proceeds shall be paid
into separate accounts, each such account representing one (1)
of the Units. Each such account shall be in the name of the
Association, and shall be further identified by the Unit
designation and the name of the Owner. Thereafter, each such
account shall be supplemented by the apportioned amount of the
proceeds derived from the sale of the entire Project. Such
apportionment shall be based on each Owner's percentage
interest in the Common Elements. The total funds of each
account shall be used and disbursed, without contribution from
one (1) account to another by the Association, as
attorney-in-fact, for the same purposes and in the same order
as is provided in subparagraph d. (1-5) of this paragraph. The
provisions contained in this subparagraph shall not hinder the
protection given to a first mortgagee or first deed of trust
holder under a mortgagee or deed of trust endorsement.
g. The Owners representing an aggregate ownership
interest of seventy-five percent (75%), or more, of the Common
Elements may agree that the units and the Common Elements are
obsolete and adopt a plan for the renewal and reconstruction
thereof. If a plan for the renewal or reconstruction is
adopted, notice of such plan shall be recorded, and the expense
of renewal and reconstruction shall be payable by all of the
Owners as a common expense; provided, however, that an Owner
not approving such plan for renewal and reconstruction may give
written notice to the Association within thirty (30) days of
adoption of such plan that the unit shall be purchased by the
Association for the fair market value thereof. The
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Association shall then have the option for fifteen (15) days
after the expiration of the thirty (30) days from the adoption
of such plan to cancel such plan. If such plan is not
cancelled (by adoption of an appropriate resolution by the
Board of Directors), then the Unit shall be purchased according
to the following procedures. If such Owner and the Association
can timely agree on the fair market value thereof, then such
sale shall be consummated within thirty (30) days after the
expiration of forty-five (45) days from the adoption of the
plan. If the parties are unable to agree, the date when either
party notifies the other that he, she or it is unable to agree
with the other shall be the "commencing date" from which all
periods of time mentioned herein shall be measured. within ten
(10) days following the commencing date, each party shall
nominate in writing (and give notice of such nomination to the
other party) a separate appraiser who shall be a licensed
Colorado real estate broker and regular member of the Aspen
Board of Realtors or similar local organization. If either
party fails to make such a timely nomination, the appraiser
nominated shall, within five (5) days after such failure of the
other party, appoint and associate with such appraiser another
appraiser (to be a regular member of the Aspen Board of
Realtors or similar local organization). If the two appraisers
designated by the parties, or selected pursuant hereto in the
event of the failure of one party to nominate an appraiser, are
unable to agree as to the fair market value of the Unit, they
shall appoint another appraiser (to be selected from the Aspen
Board of Realtors or similar local organization) to be umpire
between them, if they can agree on such person. If they are
unable to agree upon such umpire, then each appraiser
previously appointed shall nominate two (2) persons (each of
whom shall be regular member of the Aspen Board of Realtors or
similar local organization), and from the names of the four
persons so nominated one shall be drawn by lot by any judge of
any court of record in Pitkin County, Colorado, and the name so
drawn shall be such umpire. The nominations from whom the
umpire is to be drawn by lot shall be submitted within ten (10)
days of the failure of the two appraisers to agree, which, in
any event, shall not be later than twenty (20) days following
the appointment of the second appraiser. The decision of the
appraisers as to the fair market value, or in the case of their
disagreement, then such decision of the umpire shall be final
and binding. The expenses and fees of such appraisers shall be
borne equally by the Association and the Owner. The sale shall
be consummated within fifteen (15) days after the determination
of the fair market value, and the Association, as
attorney-in-fact, shall disburse such proceeds as is provided
in subparagraph d. (1-5) of this paragraph.
h. The Owners representing an aggregate ownership
interest of one hundred percent (100%) of the Common Elements
may agree that the Units are obsolete and the property shOUld
be sold. In such instance, the Association shall forthwith
record a notice setting forth such fact or facts, and, on the
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recording of such notice by the Association's President and
Secretary, the entire Project shall be sold by the Association,
as attorney-in-fact for all of the Owners, free and clear of
the provisions contained in this Declaration, the Map, the
Articles and the Bylaws. The sale proceeds shall be
apportioned between the Owners on the basis of each Owner's
percentage interest in the Common Elements, and such
apportioned proceeds shall be paid into separate accounts, each
such account representing one (1) unit. Each such account
shall be in the name of the Association, and shall be further
identified by the unit designation and the name of the Owner.
From each separate account, the Association, as
attorney-in-fact, shall use and disburse the total amount (of
each) of such accounts without contribution from one (1)
account to another for the same purposes and in the same order
as is provided in subparagraph d. (1-5) of this paragraph.
31. Condemnation.
a. Consequences of Condemnation. If, at any time or
times during the continuance of condominium ownership pursuant
to this Declaration, all or any part of the Project shall be
taken, condemned by any public authority, or sold or otherwise
disposed of in lieu of or in avoidance thereof, the provisions
of this paragraph thirty-one (31) shall apply.
b. Proceeds. All compensation, damages or other
proceeds therefrom, the sum of which is hereinafter called the
"condemnation award", shall be payable to the Association for
distribution as hereafter set forth.
c. Complete Takinq. In the event the entire Project
is taken, condemned, or sold or otherwise disposed of in lieu
of or in avoidance thereof, condominium ownership pursuant to
this Declaration shall terminate. The condemnation award shall
be apportioned among the Owners in proportion to their
respective undivided interests in the Common Elements;
provided, however, that, if a standard different from the value
of the Project as a whole is employed to measure the
condemnation award in the negotiation, judicial decree or
otherwise, in determining such share, the same standard shall
be employed to the extent it is relevant and applicable.
d. Partial Takinq. In the event less than the entire
project is taken, condemned, or sold or otherwise disposed of
in lieu of or in avoidance thereof, the condominium ownership
hereunder shall not terminate. Each Owner shall be entitled to
a share of the condemnation award to be determined in the
following manner. As soon as practicable, the Association
shall reasonably and in good faith allocate the condemnation
award among compensation, damages and other proceeds, and shall
apportion the amounts so allocated among the Owners as follows:
(1) The total amount allocated to taking of or
injury to the Common Elements shall be apportioned among the
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Owners in proportion to their respective ,undivided interests in
the Common Elements.
(2) The total amount allocated to severance
damages shall be apportioned to those units which were not
taken or condemned.
(3) The respective amounts allocated to the
taking of or injury to a particular unit and/or improvements an
Owner had made within his own unit shall be apportioned to the
particular unit involved.
(4) The amount allocated to consequential
damages and any other takings or injuries shall be apportioned
as the Association determines to be equitable in the circumstances.
If an allocation of the condemnation award is already
established in negotiation, judicial decree or otherwise, in
allocating the condemnation award, the Association shall employ
such allocation to the extent it is relevant and applicable.
Any distribution of the condemnation award made pursuant to
this subparagraph shall be made by checks payable jointly to
the Owners and their first mortgagees.
e. Distribution. The Association shall, as soon as
practicable, determine the share of the condemnation award to
which each Owner is entitled. Such shares shall be paid into
separate accounts and disbursed as soon as practicable;
provided, however, that in the event of a complete taking, such
distribution shall be made in the same manner as is provided in
subparagraph d.(1-5) of paragraph thirty (30) hereof.
f. Mortqaqee Notice. The Association shall give
timely written notice td each first mortgagee of the
commencement of any condemnation or eminent domain proceedings,
and shall notify the first mortgagees in the event of the
taking of all or any part of the General Common Elements.
g. Reorqanization. In the event a partial taking
results in the taking of a complete unit, the Owner thereof
automatically shall cease to be a member of the Association,
and such Owner's interest in the Common Elements shall
thereupon terminate, and the Association, as attorney-in-fact
for such Owner, may take whatever action is necessary, and
execute such documents as are necessary, to reflect such
termination. Thereafter, the Association shall reallocate the
ownership, voting rights, and assessment ratio determined in
accordance with this Declaration, according to the same
principles employed in this Declaration at its inception, and
shall submit such reallocation to the Owners of remaining Units
for amendment of this Declaration, as provided in subparagraph
b. of paragraph thirty-three (33) hereof.
32. Grantees. Each grantee of the Declarant, by the
acceptance of a deed of conveyance, accepts the same subject to
all terms, provisions, easements, restrictions, conditions,
covenants, reservations, liens and charges, and the
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#345938 06/17/92 16:11 Rec $230.00 Bf( 681 PG 142
Silvia Davis, Pitkin Cnty Clerk Doc $.00________
jurisdiction, rights, and powers created or reserved by this
Declaration and the Articles of Incorporation and Bylaws of the
Association, and the provisions of the Colorado Condominium
Ownership Act, as at any time amended, and all easements,
rights, benefits and privileges of every character hereby
granted, created, reserved or declared, and all impositions and
obligations hereby imposed shall be deemed and taken to be
covenants running with the land, and shall bind any person
having at any time any interest, or estate in said manner as
though the provisions of this Declaration were recited and
stipulated at length in each and every deed of conveyance.
33. Miscellaneous.
a. Duration of Declaration. All of the provisions
contained in this Declaration shall continue and remain in full
force and effect until condominium ownership of the project and
this Declaration are terminated, revoked or amended as
hereinafter provided.
b. Amendment and Termination. Any provision
contained in this Declaration may be amended, or additional
provisions may be added to this Declaration, and unit ownership
of the Project may be terminated or revoked by the recording of
a written instrument or instruments specifying the amendment or
addition, or the fact of termination and revocation, executed
by the Owners, as shown by the records of the office of the
Clerk and Recorder of Pitkin County, colorado, of units
representing an aggregate ownership interest of seventy-five
percent (75%), or more, of the Common Elements; provided, however,
that in no event shall the undivided interest of an Owner in
the Common Elements be decreased without the unanimous consent
of each Owner, and provided, further, that so long as Declarant
continues to own one (1) or more Units which he is holding for
rental or sale, no right of Declarant contained in this Declaration
may be amended or modified without the consent of Declarant.
c. Effect of provisions of Declaration. Each
provision of this Declaration and an agreement, promise,
covenant, and undertaking to comply with each provision of this
Declaration, and any necessary exception or reservation or
grant of title, estate, right or interest to effectuate any
provision of this Declaration, shall:
(1) be deemed incorporated in each deed or
other instrument by which right, title or interest in the
Project or in any Condominium unit is granted, devised or
conveyed, whether or not set forth or referred to in such deed
or instrument;
(2) by virtue of acceptance of any right, title
or interest in the Project, or in any unit by an Owner, be
deemed accepted, ratified, adopted and declared as a personal
covenant of such Owner and, as a personal covenant, shall be
binding on such Owner and such Owner's heirs, personal
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, ,
'.
#~45938 06/1,7/92 16: 11. Rec $':>3' "
Sllv1a Davis P'tk' C - O.C!O Bf-, 681 F'G 143
, 1 ,In nty Cl k Doc $.00
representatives, successors and assigns, and shall be deemed a
personal covenant to, with and for the benefit of the
Association, and not to, with or for the benefit of any other
nonaggrieved Owner;
(3) be deemed a real covenant by Declarant, for
itself, its successors and assigns, and also an equitable
servitude running, in each case, as a burden with and on the
title to the Project and each Unit and, as a real covenant and
also as an equitable servitude, shall be deemed a covenant and
servitude for the benefit of the Project and each Unit; and
(4) be deemed a covenant, obligation and
restriction secured by a lien in favor of the Association
burdening and encumbering the title to the Project and each
Unit in favor of the Association.
d. Protection of Encumbrancer. Subject to the
provisions of paragraph twenty-seven (27) above, no violation
or breach of or failure to comply with any provision of this
Declaration, and no action to enforce any such provision, shall
affect, defeat, render invalid or impair the lien of any first
mortgage or other lien on any Unit taken in good faith and for
value, and perfected by recording in the office of the Clerk
and Recorder of Pitkin County, Colorado, prior to the time of
recording in such office, an instrument describing the Unit,
and listing the name or names of the Owner or Owners of fee
simple title to the Unit, and giving notice of such violation,
breach or failure to comply; nor shall such violation, breach,
failure to comply, or action to enforce, affect, defeat, render
invalid or impair the title or interest of the holder of any
such first mortgage or other lien, or the title or interest
acquired by any purchaser on foreclosure of any such first
mortgage or other lien, result in any liability, personal or
otherwise, of any such holder or purchaser. Any such purchaser
on foreclosure shall, however, take subject to this
Declaration; provided, however, that violation or breaches of
or failure to comply with any provisions of this Declaration
which occurred prior to the vesting of fee simple title in such
purch?ser shall not be deemed breaches or violations hereof, or
failures to comply herewith, with respect to such purchaser,
his heirs, personal representatives, subcessors or assigns.
e. Supplemental to Law. The provisions of this
Declaration shall be in addition and supplement to the
Condominium Ownership Act of the State of Colorado, and to all
other provisions of law.
f. Numbers and Genders. Whenever used herein,
unless the context shall otherwise provide, the singular number
shall include the plural, the plural shall include the
singular, and the use of any gender shall include all genders.
g. Registration bv Owner of Mailinq Address. Each
Owner shall register his mailing address with the Association,
and, except for monthly statements and other routine notices
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.11 Ree: $230.c>OBf< 681
#345938 06/1,7/92 1.6. "t '"'ler~: Doc $.00
, Pit.\<':l.r\ Cn y '"'
Silvia DaY:l.S, '
PG 144
which shall be personally delivered or sent by regular mail,
all other notices or demands intended to be served on an Owner
shall be delivered personally, or shall be deemed given when
sent by either registered or certified mail, postage prepaid,
addressed in the name of the Owner at such registered mailing
address. All notices, demands or other notices intended to be
served on the Board of Directors of the Association or the
Association shall be sent certified mail, postage prepaid, to
HUNTER AND HOPKINS PROFESSIONAL BUILDING CONDOMINIUM
ASSOCIATION, c/o Alpine Bank, Aspen, Attention: Stephen Briggs,
president, 600 East Hopkins, suite 001, Aspen, Colorado 81611,
agent for service, until such address is changed by a notice of
address duly recorded with the office of the Secretary of state
of Colorado.
h. Successors in Interest. This Declaration shall
be binding on and shall inure to the benefit of the Declarant,
the Association, and each Owner and the heirs, personal
representatives, successors and assigns of each of them.
i. Severabilitv. Invalidity or unenforceability of
any provision of this Declaration, in whole or in part, shall
not affect the validity or enforceability of any other
provision, or any valid and enforceable part of a provision of
this Declaration.
j. captions. The captions and headings in this
Declaration are for convenience only, and shall not be
considered in construing any provision of this Declaration.
k. No Waiver. Failure to enforce any provision of
this Declaration shall not operate as a waiver of any such
provision, or of any other provision of this Declaration.
1. Rule Aqainst Perpetuities. If any of the
options, privileges, covenants, or rights created by this
Declaration shall be unlawful, void or voidable for violation
of the rule against perpetuities, such provision shall continue
only until twenty-one (21) years after the death of the
survivor of the now living descendants of Steven Briggs and
Gideon Kaufman of Aspen, Colorado.
31. Certificate of Identity. There shall be recorded,
from time to time, a certificate of identity which shall
include the addresses of the persons then comprising the
management body (directors and officers), together with the
identity and address of the Managing Agent. Such certificate
shall be conclusive evidence of the information contained
therein, in favor of any person relying thereon in good faith,
regardless 'of the time elapsed since the date thereof.
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",
".. #34593806/17/92 16'11 Rec $230.00 BI< 681 PG 145
, Silvia Davis, Pitkin Cnty Clerk Doc $.00
~-'--"-"~--"'-~'-'--'-'-"-~'--'---' -,,--,,---~---,------,._--,-,~---,,----.~,,-,-,----~---~-~---_._.._-----_..~_.._.._--..-
IN WITNESS WHEREOF, Declarant has duly executed this
Declaration this -.l.L day of tnAY, 1992.
ALPINE BANK, ASPEN, a Colorado
banking rporation
/
B
~--;:'
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
..1.L day of I1i !:t. ' 1992, by step~en Briggs, ,:spresident of
ALPINE BANK, AS EN, a Colorado bank~ng corporat~on, as
Declarant.
WITNESS my hand and official seal.
My commission expires: ~/~9~
~ I /,
~j..A.i. ,,_ 1:. _ (')<::
OHry PUbr.tc
\alpnbank\condo.dec
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